ORDER : ANANT S. DAVE, J. 1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R No. I-30 of 2011 with Morbi Taluka Police Station for the offences punishable under Sections 302, 201, 114, 120(B) of the Indian Penal Code. 2. Learned counsel for the applicant submits that investigation is over and the charge-sheet is filed and the applicant is in jail since 5 years 8 months. It is further submitted that one of the main accused has died in jail and another accused was not even charge sheeted. It is further submitted that in the trial about 40 witnesses are examined and 32 witnesses are yet to be examined. It is further submitted that considering the nature of allegations, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. 3. The learned Additional Public Prosecutor has opposed grant of bail looking to the nature and gravity of offence and that the prosecution is making all endeavours for expeditious disposal of the trial. It is further submitted that earlier bail application of the accused was rejected by order dated 17.08.2011 and this is not a fit case to exercise discretion in favour of the applicant. 4. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant coupled with the facts that, charge sheet is filed; the applicant is in jail since 5 years 8 months; one of the main accused has died in jail and another accused was not even charge sheeted; earlier order of rejecting bail application of the applicant was passed as early as on 17.08.2011; and now about 40 witnesses are examined and 32 witnesses are yet to be examined, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. 5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-30 of 2011 with Morbi Taluka Police Station on executing a bond of Rs. 5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-30 of 2011 with Morbi Taluka Police Station on executing a 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 at the concerned police station on the first Sunday of every month between 10 a.m and 3 p.m for three months only; (f) furnish the present address of residence to the I.O 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; (g) shall not enter into the district limits of Morbi and Rajkot except for marking presence and attending trial; 6. 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. 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. 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. D.S Permitted.