G.R UDHWANI, J.

1. Heard learned advocate for the applicant, learned APP for the respondent-State and learned advocate for the complainant.

2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R No. I - 82 of 2017 registered with Unjha Police Station for the offences punishable under Sections 307, 367, 504, 506(2) of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

3. The petition is disposed of as withdrawn at this stage in so far as applicant No. 1 - Patel Nishitkumar Chandrakant Shanbhudas is concerned.

4. Considering the role attributed to the petitioners No. 2 and 3 as also the statement of the learned counsel for the petitioners under instructions of the said two accused that they would file undertaking with the trial court stating that they would be depositing a sum of Rs. 10,000/- each within a week from their release on bail and without entering into the merits of the case in detail as the parties do not invite the order on merits, as also having perused the investigation papers, the case for admitting the petitioners No. 2 and 3 to bail in absence of apprehension against them of threatening the witnesses, tampering with the evidence or fleeing from justice, the case for bail is made out in their favour.

5. Hence, the application qua applicants No. 2 and 3 is allowed and the applicants No. 2 and 3 are ordered to be released on bail in connection with C.R No. I - 82 of 2017 registered with Unjha Police Station on their executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the 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 injurious to the interest of the prosecution;

(c) surrender their passport, if any, to the lower court within a week;

(d) not leave the territory of India without prior permission of the Sessions Judge concerned;

(e) not enter into Unjha Police Station until the conclusion of the proceedings except for marking presence at the concerned police station within whose jurisdiction the petitioners No. 2 and 3 decides to stay during the pendency of this case against them. The petitioners No. 2 and 3 however may enter into the jurisdiction of Unjha Police Station for the purpose of attending the court proceedings.

(f) mark presence in the concerned police station within whose jurisdiction the petitioners No. 2 and 3 decides to stay once in a calendar month;

(g) furnish the present address of residence along with the proof to the I.O concerned and also to the Court at the time of execution of the bond and shall indicate change of residential address if any to the trial court.

(h) file an undertaking by each of the two accused being applicants No. 2 and 3 within a week from the date of their release stating that they would deposit a sum of Rs. 10,000/- each, and in fact they would be depositing the said amount within the specified time as aforestated with the trial court. The said deposit would be without prejudice to the rights and contentions of the applicants No. 2 and 3.

Upon the above amount being deposited, it shall be invested in a fixed deposit scheme in a nationalised bank initially for a period of one year renewable from time to time for the same period until framing of the charge if any, and if the charge is framed, until conclusion of the case; with accruing interest, and at the end of the trial if any, the said amount shall be dealt with in accordance with Section 357A of Cr.P.C, if such need arises.

6. The competent authority will release the applicants No. 2 and 3 only if they are not required in connection with any other offence for the time being.

7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

8. Bail bond to be executed before the lower court having jurisdiction t