Oral Order

1. The present application, which is a successive regular bail application (after filing of chargesheet) filed after withdrawal of earlier bail application being Criminal Misc. Application No.7161 of 2025 vide order dated 01.05.2025, is filed under Section 483 of the B.N.S.S., 2023, for regular bail in connection with FIR being C.R. No. 11210008231427 of 2023 registered with Sarthana Police Station, Kamrej, Dist: Surat for the alleged offences as mentioned in the FIR.

2. Learned advocate Mr. Shakeel Qureshi appears for the applicant submits that present bail application is a successive bail application, earlier bail application preferred by the applicant has not been entertained, however, liberty was reserved to file a fresh application after some reasonable time. He further submits that applicant arrested on 03.09.2023 and since then he is in judicial custody. He further submits that present application is filed after submission of chargesheet, investigation has already been concluded and at the time of submission of chargesheet investigating agency has put reliance upon the evidence of 45 witnesses out of which only 2 witnesses have been examined, there are voluminous record and more than 2 years period of incarceration spent by the applicant in judicial custody. Considering the above-stated totality of the facts of the matter, there is merit in the application and it would take considerable long period of time to conclude the proceedings of the trial, and in the recent past, in number of cases wherein the Hon'ble Apex Court has reiterated the principle of law that 'Bail is Rule and Jail is Exception.' Considering the same, the applicant may be enlarged on bail by imposing suitable terms and conditions.

3. On the other hand, learned APP Mr. Rohan Shah appears on behalf of respondent - State has opposed grant of regular bail with a vehemence and submits that present bail application is a successive bail application, earlier application preferred by the applicant has not been entertained by this Hon'ble Court, therefore, the said application was withdrawn. He further submits that, in fact, two panch witnesses have been examined during the pendency of the proceedings, and at the time of submission of chargesheet, prosecuting agency has put reliance upon the evidence of total 45 witnesses. Considering the above- stated totality of the facts of the matter, appropriate order may be passed.

4. 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.

5. Having heard learned advocates for the parties and having gone through the material produced on record, it is found out from the record that the present application is preferred after submission of the chargesheet and now the investigation is completed and the applicant is in jail since 03.09.2023. I have considered the role attributed to the present applicant at the time of commission of crime. Further, there are bulky record and out of 45 witnesses only 2 witnesses have been examined up till now, therefore, trial will take considerable long time to conclude. Considering the above-stated factual aspects of the matter, present application deserves to be allowed by imposing suitable terms and conditions.

6. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No. 11210008231427 of 2023 registered with Sarthana Police Station, Kamrej, Dist: Surat, 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 the applicant shall;

          [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious 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 as well as the State of Maharashtra without prior permission of the concerned trial court;

          [e] mark presence before the concerned Police Station between 1st to 10th day 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 the concerned trial court;

7. 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.

8. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court in the present order.

9. Rule is made absolute to the aforesaid extent. Direct service is permitted.