Nirzar S. Desai, J
1. Heard learned advocate for the applicant and learned APP for the respondent â€" State.
2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in
connectionwiththeFIRbeing C.R.No.11209054230103 registered with Vadali Police Station, District Sabarkantha for the offences punishable under
Sections 386, 143, 147, 149, 189, 323, 332, 342, 353, 506(2) and 201 of the IPC and Section 135 of the Gujarat Police Act.
3. Learned advocate for the applicant submitted that, the applicants are not involved in commission of offence as alleged in the FIR and therefore,
looking to the role of the applicants and nature of the allegations, the applicants are required to be enlarged on regular bail by imposing suitable terms
and conditions.
4. On the other hand, learned APP appearing for the respondent â€" State vehemently submits that, the offences, which have been charged, are
serious in nature affecting the society at large and looking to the facts as well as the allegations made against the applicants, no discretion would be
required to be exercised.
5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be
exercised to enlarge the applicants on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant
:-
(i) the applicants are in jail since 07.03.2023;
(ii) investigation is over and charge-sheet is filed;
(iv) the co-accused is enlarged on regular bail by the Coordinate Bench of this Court vide order dated 22.08.2023 passed in Criminal Misc. Application
No.11235 of 2023. Hence, on the ground of parity, applicants are enlarged on regular bail.
6. In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the
discretion and enlarge the applicants on regular bail. Hence, present application is allowed and the applicants are ordered to be released on regular bail
in connectionwiththeFIRbeing C.R.No.11209054230103 registered with Vadali Police Station, District Sabarkantha on executing personal bond of
Rs.10,000/- (Rupees Ten thousand 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 passports, if any, to the lower court within a week;
[d] not leave India without prior permission of the Sessions Judge concerned;
[e] 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 [f] mark their presence before the concerned Police Station in the first week of every month till the trial is over;
7. The Authorities will release the applicant only if the applicants 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
bond to be executed before the learned 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, learned 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.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.