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Judgment
Gita Gopi, J
RULE. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent State.
This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR
No.11199038210108 registered with Nabipur Police Station, Bharuch for offences punishable under Sections 307, 324, 323, 504, 507, 506(2), 143, 147,
148 and 149 of IPC and section 135 of the G.P. Act.
Mr. B.M. Mangukiya, learned advocate for the applicant, submitted that the complaint in question is the result of group enmity arising out of political
rivalry. He submitted that the main allegation against the applicants is of making derogatory remarks and of assaulting the complainant and witnesses
with weapons like iron-rod and sticks. However, no specific allegations have been made against the applicants individually and that they are general in
nature. Further, the injured have already been discharged from the Hospital. It was, therefore, prayed that the present application may be allowed and
the applicants herein may be released on regular bail.
Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that cross-complaint has been filed and that the present complaint was lodged
first in point of time. He submitted that the applicants are notorious individuals and that their release may disturb the law and order situation. It was,
therefore, prayed that no discretion may be exercised in favour of the applicants.
Heard learned advocates on both the sides and perused the material on record. Considering the allegations of political rivalry and the fact that the
injured have been discharged from the Hospital, this Court finds this to be a fit case where discretion could be exercised in favour of the applicants.
Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with the complaint being FIR
No.11199038210108 registered with Nabipur Police Station, Bharuch on executing personal bonds of Rs.15,000/- (Rupees Fifteen Thousand only) with
one surety of the like amount to the satisfaction of the trial Court by each of the applicants and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passports, if any, to the lower court within a week;
[d] not leave India without prior permission of the concerned trial court;
[e] furnish the present address of 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 the concerned trial court;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 bonds to be executed before the lower Court having jurisdiction to try the case.
Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by
Fax or Email forthwith.