PRAKASHBHAI RAMESHBHAI NAI & Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicants and learned APP for the respondent-State.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 392 , 324 , 323 , 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.I-46 of 2017 with Bhildi Police Station.

(3.) Having considered the rival contentions; in absence of recent antecedent against the petitioners as also having regard to the nature of accusation against them and the nature of injury allegedly caused by them on the person of the victim who has been discharged after three days hospitalisation; with no serious complication, the case for admitting the petitioners to bail in absence of any apprehension of the petitioners tampering with the evidence or threating the witnesses or fleeing from trial is made out, more particularly, when the learned counsel for the petitioners has stated under instructions that the petitioners would pay to the victim a sum of Rs.1,000/- (Rupees One Thousand) without prejudice to their rights and contentions and without claiming the same as set-off against fine if any, which may be imposed upon him by the court on conclusion of trial as compensation for the petitioners, the petitioners are required to be admitted to bail on their complying with the condition of deposit of the amount stated hereunder, within the specified time as prescribed hereunder; until termination of the proceedings against them.