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.J.M.Panchal assisted by learned advocate Mr.Naman Kinkhabwala 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. Panchal appearing for the applicant submitted that applicant was arrested on 06.06.2019 in connection with the aforesaid FIR and he is in jail since then. After investigation, investigating officer has filed the charge­sheet and therefore the applicant filed Criminal Misc. Application No.4620 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 charge­sheet is filed and therefore this Court may consider the case of the applicant. Learned advocate for the applicant would contend that applicant is serving as Deputy Engineer in Sarthana Sub­Division for last two and half years. As per the case of the prosecution, the place of incident falls within the jurisdiction of Sarthana Sub­Division and it is alleged that it was the responsibility of the applicant as a Deputy Engineer for maintaining and commissioning the electricity line. It is also alleged that on the second and third floors of the Takshashila Arcade, it was prima facie found that connected load was more than the contracted load and the applicant was responsible to check the load. It is also alleged that Smart Design Studio Classes which was running since last two years was having eight Air Conditioning units and the connection of the said area has not been checked. It is also alleged that the cause of short circuit was defective electric equipment, overloading, defective wiring, etc and it was the duty of the applicant to check the connection and penalize