JUDGMENT :

Alpesh Y. Kogje, J.

1. This successive bail application has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for enlarging the applicant on regular bail in connection with FIR being I-C.R. No. 246 of 2019 registered with Sarthana Police Station, Surat offence under Sections 304, 308, 465, 467, 468, 471 and 114 of the Indian Penal Code.

2. Heard learned Senior Counsel, Mr. Jal Unwala assisted by learned advocate, Mr. Zubin Bharda appearing for the applicant, learned Additional Public Prosecutor, Ms. Moksha Thakkar appearing for the respondent-State of Gujarat and learned advocate, Mr. Ashish Dagli appearing for the victims.

3. At the outset, learned senior advocate Mr. Unwala pointed that earlier applicant filed application being Criminal Miscellaneous Application No. 19281 of 2020 before this Court praying for enlarging him regular bail. However, when this Court was not inclined to grant the same, the applicant sought permission to withdraw the said application. This Court, therefore, passed the order on 28.01.2021 and permitted the applicant to withdraw the said application. However, liberty was reserved to the applicant to file fresh application, if the trial does not progress satisfactorily within a period of six months. It is submitted that pursuant to the said liberty granted by this Court, this application is filed.

4. Learned Senior Advocate Mr. Jal Unwala assisted by learned advocate, Mr. Zubin Bharda appearing for the applicant submitted that the aforesaid FIR is filed by one Mr. Ayubbhai Adambhai Vadgama, Police Sub-Inspector, Sarthana Police Station, Surat, wherein 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. The 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 Surat City of the Police information Control room, 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 complainant fire by inquired the at firefighters, the place of the 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 equipment were installed and in absence of fire exit, the incident has taken place.

5. Learned Senior Counsel submitted that the applicant is in jail since 11.02.2020. It is also submitted that now the chargesheet is filed and investigation is over. It is further submitted that almost all the other co-accused have been enlarged on bail by this Court. At this stage, it is pointed out that two other co-accused against whom almost similar type of allegations are levelled have been enlarged on bail by this Court vide order dated 25.6.2021 on certain terms and conditions. Learned senior counsel has placed on record the orders passed in the case of co-accused Savjibhai Tapubhai Paghdal and Ravindrabhai Ghanshyambhai Kahar and after referring the reasoning recorded by this Court in the aforesaid orders, it is c