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Judgment
Ilesh J. Vora, J
[1] The applicants, by way of this application filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR
being No. 11213064210232 of 2021 registered with Upleta Police Station, Dist. Rajkot Rural, for the offences punishable under Sections 326, 324, 323,
504, 506(2), 143, 147, 148, 149 and 114 of Indian Penal Code and under Section 135 of the Gujarat Police Act.
[2] It is the submission of learned counsel for the applicants that they are suffering confinement since 15.04.2021. Hence, further detention of the
applicants are unwarranted.
[3] Mr.Hardik Soni, learned APP appearing for the respondent - State and Mr.Nipul Gondalia, learned advocate appearing for the complainant have
opposed the bail application contending that, considering the conduct of the applicants and nature of accusation, the discretion may not be exercised in
favour of the applicants.
[4] Considering the entire facts and circumstances of the case, submissions of learned Counsel for the parties and keeping in view the nature of
offence, evidence, complicity of Accused and also considering the fact, which indicates that the dispute between the parties has arisen due to
marriage as it has been solemnized against the wish and will of elder members of the family. All injured have been discharged from the hospital. Thus,
without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail
application is allowed.
[5] Hence, present application is allowed and the applicants are ordered to be released on regular bail in connection with the FIR being No.
11213064210232 of 2021 registered with Upleta Police Station, Dist. Rajkot Rural, on executing a personal bond of Rs.10,000/- (Rupees Ten
thousands only), each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they 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) not leave India without prior permission of the Sessions Judge concerned;
(e) mark presence before the concerned Police Station on first Monday of each English calendar till filing of the charge-sheet between 11:00 a.m. and
2:00 p.m.;
(f) not enter into the local limits of Taluka Upleta for a period of 6 months except for the purpose of marking presence and remaining present before
the Court.
(g) 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;
[6] The authorities shall release the applicants if they are not required in connection with the any other offence. If breach of any above condition is
committed, the learned Sessions Judge concerned shall take appropriate action or issue warrant against the applicants. 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. Rule is made absolute to the aforesaid extent.
[7] Nothing stated hereinabove, shall tantamount to the expression of any opinion on the merits of this case. Registry to send a copy of this order to
the concerned Jail Authority as well as learned Sessions Court forthwith through fax and e-mail.