ORAL ORDER

1. The Applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicants on Regular Bail in connection with FIR being C.R. No. 11197003250076 of 2025 registered with Vadu Police Station, Vadodara.

2. Heard learned Advocate for the Applicants, learned APP for the Respondent – State and leanred Advocate Mr. A.S.Rajput for learned Advocate Mr. S.R.Kheskani who is appearing on behalf of the Original Complainant.

3. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State and learned Advocate Mr. A.S.Rajput waives service of notice of Rule on behalf of the Original Complainant.

4. Learned Advocate for the Applicants has submitted that the Applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has opposed the present application for grant of regular bail contending that the Applicants herein had assaulted the victim with deadly weapons like Spear and Sticks because of which the victim had sustained severe injuries and was required to be hospitalized also. Some of the Applciants are also having several other antecedents. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicants and the Application may be dismissed.

6. Learned Advocate Mr. A.S.Rajput appearing on behalf of the Original Comlainant has also opposed the Application contending that the Applicants are henchmen of the local politicians and are creating ruckus at the behest of the said politicians. He further submitted that the Applicants along with the otehr co-accused had approached the field of the first informant and had assaulted him brutally because of which the victim had sustained severe injuries. He therefore prayed to dismiss the present Application.

7. Heard learned Advocates for the respective parties and perused the record. As per the case of the prosecution, the victim was brutally beaten by the present Applicants with the weapon like sticks, spear, kicks and fist blows because of which the victim had sustained injuries and was required to be hospitalized. However, the condition of the victim is stated to be stable and out of danger. Considering this aspect, the Application deserves consideration.

This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of the Applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicants has submitted that the Applicants Accused are not likely to flee away.

(c) That the Applicants are in custody since 28.01.2025.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

8. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicants Accused at the time of Trial etc. and the role attributed to the present Applicants accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicants Accused are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- each with one surety of the like amount to the satisfaction of t