ORAL ORDER

1. Heard learned advocate Mr. Rohit Verma for the applicant, learned advocate Mr. Hriday Buch and learned Additional Public Prosecutor Ms. Moxa Thakkar for the respondent –

State.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R.No. 11192018210405 of 2021 with Dhandhuka Police Station, District:- Ahmedabad Rural for the offences punishable under Sections 302, 307, 323, 504, 506 (2), 143, 147, 148, 149, 34 and 120 B of the Indian Penal Code r/w section 135 of the Gujarat Police Act.

3. Learned advocate Mr. Hriday Buch as well as learned Additional Public Prosecutor Ms. Moxa Thakkar vehemently opposed this application by stating that there are past antecedents against the present applicant. The applicant is head-strong person and if he is released on bail, there is all likelihood that he may try to denovo the witnesses.

4. Learned advocate Mr. Verma for the applicant in response to the aforesaid submission submitted that antecedents are to old and thereafter since long the present applicant is living peaceful life. He submits that the apprehension of Mr. Buch that the present applicant will try to denovo the witnesses can be taken care of by this Court by imposing suitable conditions.

5. Learned advocates appearing for the respective parties do not press for further reasoned order.

6. Having heard the learned advocates for the respective parties and perusing the material placed on record and taking into consideration the facts of the case and nature of allegations, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. This Court has considered the following aspects:-

i. Investigation is over and charge-sheet is filed.

ii. The applicant is in jail since 11.08.2021.

iii. The allegation against the present applicant is that he was carrying stick in his hand and he has beaten the witnesses not the deceased.

8. 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 applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with FIR registered at C.R.No. 11192018210405 of 2021 with Dhandhuka Police Station, District:- Ahmedabad Rural on executing personal bond of Rs.15,000/- (Rupees Fifteen thousand only) with two sureties of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

[a] not enter into Ahmedabad, Botad and Bhavnagar districts during the pendency of the trial, [b] not take undue advantage of liberty or misuse liberty [c] not act in a manner injurious to the interest of the prosecution;

[d] not to leave India without prior permission of the Sessions Judge concerned;

[e] surrender passport, if any, to the lower court within a week;

[f] furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Sessions Court concerned;

[g] mark his presence before the concerned police station in the first week of every month till the trial is over;

[h] appear before the Investigating Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

9. It is is clarified that willingness shown by the present applicant own his volition to deposit the aforesaid amount before the Trial Court shall not be construed as if the applicant is admitting his guilt. Rights of the applicant before all Courts and Tribunal are kept open.

10. 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 c