By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No. I - 38 of 2012 registered with Dahod Town Police Station, District Dahod, for the offence punishable under Sections 307, 120B, 143, 147, 148, 149 and 427 of I.P. Code read with Section 135 of the Bombay Police Act.
Heard Mr. Thakkar, learned Advocate for the applicants and Mr. Shah, learned Additional Public Prosecutor for respondent-State.
Mr.
Thakkar, learned Advocate for the applicants, has contended that the applicants are innocent and have not committed any offence as alleged. He has contended that the complainant alleged to have received the injuries on legs and finger of one hand which are simple in nature and none of the injury can be alleged to have been caused on vital part of the body which does not constitute offence under Section 307 of I.P. Code. The injured was discharged from the hospital immediately. He, therefore, contended that looking to the overall facts and circumstances of the case, present applicants may be enlarged on bail.
As against this, Mr.Shah, learned Additional Public Prosecutor, has vehemently opposed the present application. However, both the parties do not press for reasoned order.
In the facts and circumstances of the case and more particularly the fact that the injured persons are already discharged from the Hospital, without entering into the merits of the case, I am inclined to enlarge the applicant on bail.
Accordingly, this application is allowed. The applicants are ordered to be enlarged on bail in connection with CR No. I - 38 of 2012 registered with Dahod Town Police Station, District Dahod, for the offence alleged against them in this application on executing the bond of Rs.10,000/- (Rupees ten thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall -
a) not take undue advantage of their liberty or abuse their liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) not enter into the limit of Dahod Town Police Station and they shall mark their presence on 15th of every English calender month before Dahod Rural Police Station till the trial against them is over.
f) furnish the address of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender their passport, if any, to the lower Court within a week.
The Authorities will release the applicants only if they are not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. Direct Service is Permitted.
(Z.
K. Saiyed, J) sas Top