B.N. Karia, J
The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an F FIR
being I-C.R.No.11214020202259 of 2020 registered with Kamrej Police Station, Dist: Surat Rural for the offence under Sections 307, 323, 324, 143,
147, 148, 504, 506(2), 376(2)(J)(N), 354(B) of the Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act.
Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on
regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent-State and learned advocate Mr.M. M. Barejia for the original
complainant have strongly objected the submissions made by learned advocate for the applicant and submitted that serious injuries were caused to two
injured persons by using deadly weapon i.e. stick and the applicant is associated with accused No.1 and committed the offence. That serious offence
is committed by the present applicant. That Investigating Officer appeared before the learned Sessions Court and has clearly opined that involvement
of the present applicant is clearly revealed. Considering the seriousness of the offence and role played by the present applicant, they have requested
not to entertain this application and dismiss the present application.
I have heard learned advocates appearing on behalf of the respective parties.
Having gone through the arguments advanced by learned advocates for the respective parties as well as learned APP for the respondent-State, it
appears that applicant was arrested in connection with the alleged offence on 11.01.2021 and since then, he is in judicial custody. It further appears
that charge-sheet was filed in connection with the offence on 19.02.2021. 35 witnesses have been cited as prosecution witnesses and trial would take
considerable time, more particularly, in the present situation of COVID-19. It also appears that no serious injury was caused by the present applicant
with deadly weapon. It is alleged by the persecution that the applicant was assaulted with a stick. Both the injured persons are discharged from the
hospital and it also appears that they are out of danger. As the applicant is residing within the vicinity of complainant side, necessary take care would
be required by the Court.
In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that this
is a fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being I-
C.R.No.11214020202259 of 2020 registered with Kamrej Police Station, Dist: Surat Rural 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 learned Trial Court and subject to the conditions that the applicant 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 State of Gujarat without prior permission of the Sessions Judge concerned;
[e] not enter into the vicinity of Surat City for a period of Six Months
[f] furnish latest and permanent 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 this Court;
The Authorities 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 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 applicant on bail.
Rule is made absolute to the aforesaid extent.
Registry is directed to communicate this order to the concerned jail authorities through Fax and Email.
