Point of law :Grant of Bail - 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case.

ORDER :

1. Heard the learned advocates for the respective parties through video conferencing.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an FIR being C.R.No.11211056200104 of 2020 registered with Surendranagar City “B” Division Police Station, Dist. Surendranagar for the offences punishable under Sections 302, 147, 148, 149, 34, 201 of the Indian Penal Code, 1860 and under Section 135 of the Gujarat Police Act.

3. Mr.Lakhani, learned Senior Advocate appearing with Mr.Dholakia, learned advocate appearing for the applicant, submitted that all the coaccused, except the present applicant have been released on bail either by the High Court or the Sessions Court. The details are as below :

[1] Gautam – accused no.2 (injured) has been released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020;

[2] Vishal – accused no.5, who was carrying wooden bat, has been released on bail by this Court vide order dated 05.02.2021 passed in Criminal Misc. Application No.19028 of 2020;

[3] Hitesh – accused no.1 (having 20 antecedents), who was carrying iron rod, has been released on bail by the Sessions Court vide order dated 22.03.2021 passed in Criminal Misc. Application No.208 of 2021;

[4] Ajit – accused no.8, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 18.02.2021 passed in Criminal Misc. Application No.114 of 2021;

[5] Rahul – accused no.9, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 18.02.2021 passed in Criminal Misc. Application No.115 of 2021;

[6] Jignesh – accused no.3, who was carrying iron rod, has been released on bail by the Sessions Court vide order dated 24.02.2021 passed in Criminal Misc. Application No.142 of 2021;

[7] Parth – accused no.6, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 02.03.2021 passed in Criminal Misc. Application No.152 of 2021.

3.1 He has submitted that the accused no.2 was released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020. The said order was challenged before the Apex Court by way of Special Leave Petition (Criminal) Diary No.753 of 2021 and the Apex Court has dismissed the same vide its order dated 01.02.2021. Learned Senior Advocate has further pointed out that the applicant was carrying a wooden bat and the accused, who were carrying the same weapon as well as the iron rod, who had allegedly assaulted the deceased, are released on bail and hence, on the principle of parity, the present applicant may be released on bail.

3.2 While referring to the statement of the sole eyewitness, learned Senior Advocate has pointed out that in fact, the deceased had assaulted with a firearm and fired two rounds on the accused, more particularly, the accused no.2 – Gautam, who was also injured and hence, in self-defence, the applicant and other co-accused had assaulted the deceased. He has submitted that the Sessions Court in the case of Hitesh – accused no.1, who is alleged to have hit the deceased with the iron rod, released him on bail, after considering his 20 antecedents and the fact that the deceased had fired on the accused. He has submitted that Gautam has approached this Court praying for regular bail vide Criminal Misc. Application No.13170 of 2020, wherein this court vide order dated 20.10.2020 has enlarged him on regular bail. He has submitted that Vishal has approached this Court praying for regular bail vide Criminal Misc. Application No.19028 of 2020, wherein this Court vide order dated 05.02.2021 has enlarged him on regular bail. He has also submitted that two other accused persons – namely Ajitbhai and Rahul @ Jaypal, who were identified by way of Test Identification Parade panchnama, had filed Criminal Misc. Application No.114 and 115 of 2020 respectively before the Sessi