ORDER :

1. This application is filed under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for enlarging the applicant on regular bail in connection with the FIR being C.R.No.I­246 of 2019 registered with Sarthana Police Station, Surat for the offence punishable under Sections 304, 308 and 114 of the Indian Penal Code.

2. Heard learned advocate Mr. Zubin Bharda assisted by learned advocate Mr. Kishan H. Daiya for the applicant, learned Public Prosecutor Mr. Mitesh Amin for the respondent State and learned advocate Mr. Ashish M. Dagli appearing for the victims.

3. The aforesaid FIR is filed by one Mr. Ayubbhai Adambhai Vadgama, Police Sub­Inspector, Sarthana Police Station, Surat. It is stated that when the complainant was on duty, he got the information from his superior officer to reach at the Shopping Center ­ Takshasila Arcade, near Sarthana Jakatnaka where the fire took place. Complainant, therefore, reached at the place of incident with his police personnel and he noticed that one firefighter was also present at the place of incident. It is further stated that whole building of Takshasila Arcade caught into fire and the boys and girls who were on the fourth floor of the said building started screaming and after that some of the boys and girls started jumping from the building. At that time, complainant and other police personnel tried to stop them by shouting. It is further stated that the crowd gathered at the place of incident tried to save the boys and girls who jumped from the building. On the basis of the information given by the Surat City Police Control­room, various firefighter vehicles reached at the place of incident. Thereafter, they tried to control the situation. It is further stated that after the control of fire by the firefighters, the complainant inquired at the place of incident. During the inquiry, it was revealed that illegal structure has been carried out by accused Harsulbhai Vakariya and Jignesh Savjibhai Pagdal. The said premises was given to one Mr. Bhargav Butani on rent. It is alleged that Bhargav Butani was running the classes. Because of the illegal structure on fourth floor of terrace of the building and since no fire safety equipments were installed and in absence of fire exit, the incident has taken place.

4. Learned advocate Mr. Bharda appearing for the applicant submitted that applicant was arrested on 30.06.2019 in connection with the aforesaid FIR and he is in jail since last more than 5 months. After investigation, investigating officer has filed the charge­sheet and therefore the applicant filed Criminal Misc. Application No.4712 of 2019 before the Sessions Court, Surat. However, the said application came to be dismissed by the Sessions Court by common order dated 19.09.2019 and therefore the applicant has filed the present application. It is submitted that now the investigation is over and charge­ sheet is filed and therefore this Court may consider the case of the applicant.

5. It is submitted by learned advocate for the applicant that as per the allegation levelled in the papers of charge­sheet against the applicant, he was present in the meeting held by Deputy Municipal Commissioner on 31.01.2019 due to one incident which took place at Aagam Shopping Center wherein two persons died. The applicant as well as other Chief Fire Officer, Divisional Fire Officers and Fire Officers were present and at that time instruction was given to the Divisional Fire Officers to check the area as well as the buildings and to report whether proper fire safety equipments are installed or not.

6. At this stage, learned advocate for the applicant submits that the applicant was not holding charge of the area where the incident in question has occurred. After the retirement of Divisional Fire Officer viz. Mr. V.D.Vadhgal, the charge was given to the applicant. It is the specific case of the applicant that he has visited various premises and also sealed more than