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 F.I.R. being C.R. No.11210025202113 of 2020 registered with Limbayat Police Station, Dist.Surat for the offences punishable under Sections 302, 323, 143, 144, 147, 148, 149, 269, 188, 34 of the Indian Penal Code, 1860, under Section 135(1) of the Gujarat Police Act and under Section 3 of the Epidemic Diseases Act.

3. The case of the prosecution in brief is that, the first informant is a friend of the deceased and on 29.04.2020 at around 6.00 p.m. when the first informant was out to take vegetables from near Gyan Sagar School at that time, he had seen the deceased going towards his society at around 7.00 pm., and therefore, the first informant had followed him. Thereafter, when the deceased reached near a vacant plot opposite to Plot no.180, Vrundan Nagar Society, accused person namely, Raju @ Raju Bajrangdal Yadav (i.e. the present applicant) was standing there and started arguing with the deceased and thereby pushed him and, therefore, the deceased had fallen on the ground and at that time, from the vacant plot the accused person namely Sanjay Yadav (brother of the applicant) came with a Baseball bat in his hand and another accused namely Suraj @ Vakil Yadav also had having Baseball bat in his hand and his brother namely Ajay Yadav and Prakash Yadav also had bat and stump in their hands whereas, Chandan Upadhyay had a wooden log and his brother namely Suraj Upadhyay had a sword and Shivam Dubey had a wooden log and all of them came on the road and started beating the deceased randomly, wherein, the accused namely, Raju @ Raju Bajrangdal Yadav had taken out a dagger from around his waist and gave blows on the deceased on neck and chest and Suraj Upadhyay had beaten with his sword on the face and all of them had randomly beaten the deceased with their weapons and because of shouting, people had gathered and all of them had ran away and when the first informant ran towards the deceased, he was badly bleeding and his face was badly injured and had injuries on neck, chest and stomach and as the relatives of the deceased had came, they took him to the hospital and the complainant had also gone to the hospital and after 15 minutes, the doctor on duty had declared him dead. Therefore, subsequently, the said F.I.R. came to be filed against the accused persons as narrated in the F.I.R. in detail.

4. Learned advocate appearing for the applicant submitted that the applicant had no enmity with the deceased and thereby there was no motive to beat him. Moreover, it is submitted that there is no recovery or discovery of weapon from the applicant and therefore also, the applicant is falsely implicated in the present offence. He has submitted that from the above facts, it can be safely submitted that the first informant had used exaggerated version and tried to implicate as many persons as he can in the alleged offence and, therefore, the said version cannot be solely relied upon so as to keep the applicant behind the bars. He has further submitted that over and above, the first informant being the socalled eyewitness to the incident, there is only one another eyewitness as per the case of the prosecution in the chargesheet, which does not attribute any specific weapon to the applicant or any specific role to the applicant and, therefore also, the applicant is sought to be falsely implicated in the alleged offence. He has submitted that the co-accused namely, Dharmesh Sadabrige Yadav (accused no.3), who has allegedly instigated the co-accused while committing the offence by saying that, “aa have ubho na thavo joie ane ubho thase to apanne marse”,( he should not stand and if he stands,he will beat us”) has been released on bail by the Sessions Court by order dated 24.08.2020 passed in Criminal Misc. Application No.3858 of