Vaibhavi D. Nanavati, J.:— Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent-State.
2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with Adesar Police Station, District Kutchh - Gandhidham (East) vide C.R. No. 11993005200314 of 2020 for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120 (B), 506 (2) of the Penal Code, 1860 and under Sections 25 (1-b)A, 27, 29 of Arms Act and under Section 135 of G.P. Act.
3. The learned advocate appearing on behalf of the applicant submits that since the present applicant is entitle to the benefit of parity as co-accused persons have been enlarged on bail by the Coordinate Benches of this Court, the present applicant may also be enlarged on bail on the ground of parity.
4. Considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
5. The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
6. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant.
8. I have also taken into consideration the following aspects:
(i) According to the complainant, the applicant was armed with wooden stick. Accused no. 6 - Vishan Heera Koli was armed with gun. Accused no. 10 - Pravin Heera Koli was armed with stick. Accused no. 13 - Sidhdhrajsinh Bhagubha Vaghela was armed with stick. Accused no. 15 - Kheta Parbat Koli was armed with stick.
(ii) Since, above referred accused persons are enlarged on bail by the Coordinate Benches of this Court, wherein accused no. 13-Sidhdhrajsinh Bhagubha Vaghela and Accused no. 10 - Pravin Heera Koli, who were armed with stick, were enlarged on bail by the Coordinate Benches of this Court by orders dated 22.10.2020 and 21.12.2020, I am inclined to grant regular bail to the present applicant.
(iii) The main allegation against the present applicant is with regard to constitute unlawful assembly, which would be subject matter of the trial.
9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40.
10. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
11. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the First Information Report registered with Adesar Police Station, District Kutchh - Gandhidham (East) vide C.R. No. 11993005200314 of 2020 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 trial Court and subject to the conditions that he 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11 : 00 a.m. and 2 : 00 p.m.;
[f] furnish the present 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;
12. 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.
13. Bail bond to be executed before the 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.
14. At the trial, the 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. Direct service is permitted.
15. Learned advocate Mr. Rahul Dave is permitted to file his vakalatnama for the original complainant.