- (1.) This application has been preferred under Sections 439 and 440 of the Code of Criminal Procedure, 1973 in connection with the offence registered with Giridih (M) Police Station bearing Case No. 120 of 2010, corresponding to G.R. Case No. 921 of 2010 (S.T. No. 355 of 2010) for the offences punishable under Sections 147, 149, 323, 324, 341 & 302 of the Indian Penal Code, pending in the Court of 1 st Additional Sessions Judge, Giridih.
(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, looking to the evidences collected during course of the investigation and looking to the statements of the witnesses, it appears that the maximum role assigned is the presence of the petitioners at the time of incidence. No specific role is assigned by the prosecution witnesses causing injury upon the deceased. There are six other co-accused and few of them have already been enlarged on bail. Moreover, there is no antecedent of the present petitioners and they are in judicial custody since April, 2010.
(3.) In view of these facts, I hereby, enlarge the petitioners, above named, on bail in connection with the offence registered with Giridih (M) P.S. Case No. 120 of 2010 corresponding to G.R. Case No. 921 of 2010 (S.T. No. 355 of 2010) on their executing bonds of Rs. 20,000/- (Rupees twenty thousand only) each, with two sureties of the like amount each, to the satisfaction of the lower court (1 st Additional Sessions Judge, Giridih) and subject to the conditions that they shall:- (a) not take undue advantage of their liberty or abuse their liberty; (b) not act in a manner injurious to the interest of the prosecution; (c) maintain law and order;2. (d) shall mark their presence before Giridih (M) Police Station on every first day of English Calendar month between 9.00 A.M. and 2.00 P.M.; (e) not leave the State of Jharkhand without prior permission of the Court concerned; (f) furnish the address of their residence at the time of execution of the bonds and shall not change the residence without prior permission of this Court; (g) surrender their passports, if any, to the lower court within a week.;