ORAL ORDER
[1.0] RULE. Learned APP waives service of rule for the respondent-State. [2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") for enlarging the applicants on regular bail in connection with FIR being FIR. No.11188007240743 of 2024 registered with Meghraj Police Station, District Aravalli for the offences punishable under Sections 189(5), 190, 191(2), 191(3), 121(2), 125(A) of The Bharatiya Nyaya Sanhita, 2023 (for short "BNS") read with Section 135 of the GP Act.
[3.0] Learned Advocate appearing on behalf of the applicant submits that the applicant has been falsely implicated in the offence. The applicant is not named in the complaint. The role attributed to the applicant that he was part of mob of stone peters. The applicant is residing at the same vicinity. The applicant has not caused any intentional assault against the police. Substantial part of the investigation is over and no purpose would serve to continue the applicants behind the bars. There are no antecedent against the present applicant. Hence, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
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[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, chargesheet is yet to be filed and therefore, application does not deserve any consideration. [5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered. [6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:
(i) The applicant is in jail since 08.12.2024.
(ii) Substantial part of the investigation is over.
(iii) Nothing more is required to be recovered or discovered as the investigation is over.
(iv) Trial would take its own time.
(v) The applicant is not having any past antecedents.
(vi) The issue is triable by the Court of JMFC; [7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of
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Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that "bail is a rule and jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. [8.0] 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. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being FIR. No.11188007240743 of 2024 registered with Meghraj Police Station, District Aravalli, on executing a personal bond of Rs.25,000/- (Rupees Twenty-five 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 injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a week till filing of the chargesheet and after filing of the chargesheet, mark presence before the concerned police station once in a month for a period of six months;
(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the
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bond and shall not change the residence/contact number without prior permission of Trial Court;
[9.0] 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. [10.0] 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. [11.0] 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.
[12.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
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