1. This Application is filed by the Applicants - Accused under Section 439 of the Code of Criminal Procedure for enlarge on Regular Bail in connection with I-C.R. No. 11199027200219/2020 registered with Jambusar Police Station, District - Bharuch for the offences punishable under Sections 307, 323,324, 354(D)(1), 504, 506(2), 114, 188, 269 120B of the Indian Penal Code and section 3 of Epidemic Diseases Act, 1897 and section 135 of Gujarat Police Act.
2. Heard learned Advocate Mr. Yogendra Thakore for the Applicants and learned APP Mr. Chintan Dave for the Respondent State, through Video Conference.
Submission of the Parties:
3. Learned Advocate for the Applicants-Accused has submitted that the applicants are innocent and had not committed any offence. There are no antecedents against the Applicants Accused. He further submitted that the other co-accused persons has already been enlarged on anticipatory bail by the Co- ordinate Bench. It is further submitted that the injured person has already been discharged from the hospital. He has therefore prayed that discretion may kindly be exercised and grant bail to the Applicants.
4. Per contra, learned APP has vehemently opposed the grant of regular bail and further submitted that if, the Hon'ble Court is inclined to grant bail then in such case strict conditions may be imposed to secure the presence of the Applicants Accused.
Merits of the Case:
5. This court has considered the following aspects:
(a) That even if it is a prima facie case, then also as such there are no antecedents.
(b) Further as per catena of decisions of Hon'ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicants-Accused at the time of trial and tampering and hampering with the witnesses by the accused.
(c) That the learned Advocate for the Applicants has submitted that the Applicants-Accused are not likely to flee away.
(d) The co-accused person has already been enlarged on anticipatory bail, whereas the present application is for regular bail.
(e) That the Applicant Accused are in custody since 28.06.2020.
(f) The injured person is concededly discharged from the hospital with no complication.
(g) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40 wherein it is held that bail is a rule and jail is an exception.
6. Having heard the learned Advocates for the parties. Pursuant to the record as such there is no antecedent and perusing the materials placed on record as per settled principles produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicants Accused at the time of Trial etc. and the role attributed to the present Applicants-accused, the present Application deserves to be allowed and accordingly stands allowed. The Applicants Accused namely Page 2 of 4 Downloaded on : Sat Jul 25 00:06:36 IST 2020 R/CR.MA/9965/2020 ORDER applicant no. 1 - Manharbhai Madhavbhai Jadav and applicant no.2- Kadam Daulatbhai Jadav are ordered to be released on bail in connection with I-C.R. No. 11199027200219/2020 registered with Jambusar Police Station, District - Bharuch upon executing a personal bond of Rs.5,000/- EACH with surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that they shall:
(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
(b) maintain law and order and not to indulge in any criminal activities.
(c) furnish the documentary proof of complete, correct and present addresses of their residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change their residence without prior permission of the trial Court.
(d) provide their contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court.
(e) file an affidavit stating their immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court, if any.
(f) not leave India without prior permission of the Trial Court.
(g) surrender passports, if any, to the Trial Court within a week. If they does not possess passport, they shall file an Affidavit to that effect.
(h) shall maintain all the rules and regulations framed by the Municipality regarding contemporary status of corona virus/Covid-19, State Government or by any competent authority, including social distancing.
7. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It would be open for the Trial Court concerned to give time to furnish the Page 3 of 4 Downloaded on : Sat Jul 25 00:06:36 IST 2020 R/CR.MA/9965/2020 ORDER solvency certificate if prayed for.
8. If breach of any of the above conditions is committed, the Trial Court concerned will be free to issue warrant or take appropriate action according to law. The Authorities will release the Applicants forthwith only if they are not required in connection with any other offence for the time being.
9. Rule is made absolute. Direct service is permitted through Fax / by E-mail.
(DR. ASHOKKUMAR C. JOSHI,J) MOHMMEDSHAHID / ZGS/ radhika Page 4 of 4 Downloaded on : Sat Jul 25 00:06:36 IST 2020