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Judgment
Vipul M. Pancholi, J
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-
94 of 2019 registered with Amreli City Police Station, District Amreli, for offence under Sections 302, 307, 324, 323, 504, 506(2), 143, 144, 147, 148,
149, 120(B), 34 and 201 of the Indian Penal Code and Section 135 of the Gujarat Police Act.
Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular
bail by imposing suitable conditions.
Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.
Learned advocate for the original first informant has also opposed this application.
Learned APP and learned advocate for the original first informant jointly submitted that it is a case of double murder and, therefore, this Court may
not exercise discretion in favour of the applicant.
Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.
Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,
nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is
a fit case to exercise the discretion and enlarge the applicant on regular bail.
This Court has considered following aspects,
(a) the applicant is in Jail since 11.11.2019;
(b) investigation is over and charge-sheet is filed;
(c) it is submitted by the learned advocate for the applicant that even as per the case of the prosecution, the applicant had caused injury to the first
informant and witness with stick. However, the applicant did not cause any injury to the deceased persons. It is further submitted by the learned
advocate for the applicant that though stick is discovered from the applicant, there is no blood stain found on the said stick nor any blood stain was
found from the cloths of the applicant;
(d) the aforesaid aspects are verified by the learned Additional Public Prosecutor from the investigation papers;
(e) from the papers of the charge-sheet, it is revealed that the applicant had not caused any injury to the deceased and as there is no blood stain found
on the stick, which is discovered at the instance of the applicant and no blood stain was found on the cloths of the applicant, looking to the role
attributed to the applicant, I am inclined to consider his case.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of
Investigation, reported in [2012] 1 SCC 40.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.I-94 of
2019 registered with Amreli City Police Station, District Amreli, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one
surety of the like amount to the satisfaction of the 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 injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of twelve months
between 11:00 a.m. and 2:00 p.m.;
[f] 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;
[g] shall not enter into the District Amreli for a period of six months except for marking presence before the concerned Police Station and attending
the Court proceedings;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is 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. It will be
open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
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.