Bail can be granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act when the investigation is complete and the victim's condition is stable, subject to strict conditions.

ORAL ORDER

1. Heard learned advocate Mr.Majmudar for the applicant and learned Public Prosecutor Mr.Hardik Dave for the respondent – State. Though served, none present for Respondent No.2 – original complainant.

2. By way of the present appeal under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, the applicant accused has prayed to release him on regular bail in connection with C.R.No.11196043240042 of 2024 registered with Kapurai Police Station, District Vadodara.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned Public Prosecutor appearing for the respondent – State vehemently opposes the application contending that present applicant had inflicted a blow with weapon on the vital part of the body and as such caused the victim serious injury. Thus, there is active participation of applicant in commission of offence and, therefore, no discretion would be required to be exercised.

5. In the facts and circumstances of the case and considering the nature of allegations so also having considered the facts that investigation is over and the charge-sheet is filed and the applicant is alleged to have assaulted the victim with sharp-cutting weapon causing severe injury on the vital part of the body and the fact that victim is stated to be out of danger and his condition is reported to be stable, the present application deserves consideration. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with aforesaid FIR on executing 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 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] furnish latest address of residence to the Investigating OfÏcer 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;

[f] mark his 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 applicant 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.

8. Rule is made absolute to the aforesaid extent. Direct service is permitted.