1. This application is preferred under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail by the applicants, who came to be arrested in connection with FIR registered as C.R. No. I-66 of 2009 with Shamalaji Police Station for the offence punishable under Sections 302, 143, 147, 148, 149, 337, 504 and 506 (2) of the Indian Penal Code.
2. Learned advocate Ms. Tejalben Shah submitted that the applicants are innocent persons and they have been falsely implicated in the commission of the alleged offence. She further submitted that the only allegation made against the applicants is that they pelted stones on the deceased. She submitted that even considering the FIR as it is, no specific role is attributed in the FIR to each applicant, and therefore this is a fit case to release the applicants on regular bail.
3. Learned Addl. Public Prosecutor Mr. Devang Vyas while opposing bail application submitted that considering the role attributed to the applicants and the manner in which the offence is committed as well as the gravity of the offence, discretionary relief may not be exercised in favour of the applicant, and the application deserves to be dismissed.
4. Heard learned advocate Ms. Tejalben Shah for the applicant and Mr. Devang Vyas, learned APP. I have also perused the averments made in the application as well as the FIR produced on record. I have also perused the police papers produced before me for my perusal. No specific role is attributed to each applicant. Considering the same as well as the gravity of the offence and the quantum of punishment, I am of the view that the the applicants are required to be enlarged on regular bail at this stage, without entering into the merits of the case and without discussing the evidence in detail.
5. The parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with C.R. No. I-66 of 2009 with Shamalaji Police Station on executing a bond of Rs.10,000/- [Rupees ten thousand only] EACH with one surety EACH 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 act in a manner injurious to the interest of the prosecution;
[c]. surrender their passport, if any, to the lower court within a week;
[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e]. mark their presence at Shamalaji Police Station on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f]. furnish their present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
[g]. maintain law and order.
7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case.
9. 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 applicants on bail.
10. Rule is made absolute to the aforesaid extent.
11. Direct Service is permitted.