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Judgment
Ilesh J. Vora, J
Applicant has preferred this application under section 439 of the Code of Criminal Procedure seeking regular bail in connection with FIR being FIR No.11215006220615 of 2022 registered with Borsad City police station, District:Anand for the offneces punishable under sections 143, 147, 148, 149, 504, 506(2), 325, 307 and 427 of the Indian Penal Code.
Heard learned Senior Counsel Mr. Y.N.Oza assisted by learned counsel Mr. Nisar Vaidhya, learned counsel Mr. Japan Dave and learned Additional Public Prosecutor Ms.Asmita Patel for the respective parties.
It is the case of the prosecution that on the day of the incident the petitioner herein and others formed an unlawful assembly and armed with dangerous weapons came at the place and assaulted the complainant and others as referred in the case papers.
Mr. Y.N.Oza, learned Senior Counsel submitted that co-accused having similar role has been considered by the Court concerned. So far as the role attributed to the present applicant is concerned, there is no specific allegation made against him. In such circumstances, he submitted that when the chargesheet is filed and further custody of the applicant is not necessary, keeping the applicant behind bars would serve no purpose.
On the other hand, learned Additional Public Prosecutor Ms. Asmita Patel and Mr. Japan Dave, vehemently opposed the application and submitted that the applicant is having past criminal antecedents and considering the allegations levelled against the applicant and nature of injury, prima facie case is made out against the applicant. Thus, no case is made out to exercise judicial discretion in favour of the applicant herein.
Having heard learned counsel for the respective parties and on perusal of the case papers, it appears that the co-accused having similar role has been granted bail by the High Court as well as Sessions Court concerned. Chargesheet has already been filed. The trial would not complete in near future. In such circumstances, considering the past antecedents of the applicant herein, with imposition of stringent conditions, this Court is inclined to release the applicant on bail.
Hence, the applicant is ordered to be released on regular bail in connection with the FIR being FIR No.11215006220615 of 2022 registered with Borsad City Police Station, District:Anand , on executing a personal bond of Rs.10,000/- (Rupees Ten thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall:
a) not take undue advantage of liberty or misuse liberty;
b) not act in a manner injuries to the interest of the prosecution;
c) surrender passport, if any, to the lower court within a week;
d) shall not enter into jurisdictional area of Borsad Taluka for the period of one (01) year, except to mark presence before the police station or Court concerned.
e) not leave India without prior permission of the Sessions Judge concerned;
f) furnish latest 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 trial Court;
The authorities shall release the applicant, if he is not required in connection with the any other offence. If breach of any above condition is committed, the Sessions Judge concerned shall take appropriate action or issue warrant against the applicant. The bail bond to be executed before the learned trial Court having jurisdiction to try the case. It will be open for the sessions judge concerned to delete, modify and/or relax any of the above conditions, in accordance with law. Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case.
Rule is made absolute to the aforesaid extent.
Direct service permitted.