The grant or refusal to grant bail lies within the discretion of the Court and is regulated by the facts and circumstances of each particular case.

ORDER :

1. Heard learned Senior Counsel Mr. B.B. Naik, assisted by Mr. Sanjay Prajapati, learned counsel for and on behalf of applicant-accused, learned advocate Mr. Ekant Ahuja, for the original informant and Ms. Krina Calla, learned APP for the respondent-State.

2. This regular bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code” for short) by the applicant-accused in connection with C.R. No. 11191005220281 of 2022, registered at Khadia Police Station, Ahmedabad, for the offences punishable under Sections 143, 144, 147, 148, 149, 201, 302 and 120B of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act.

3. According to the prosecution case, accused no. 1-Montu @ Namdar Gandhi is the cousin brother of the complainant-Pawan Mukesh Gandhi. Accused no. 1 married to sister of the complainant in the year 1992 which was not acceptable by the family members, as a result of which, there were inter-se family disputes. The father of the complainant had executed the Will in the year 2020, wherein sister of the complainant was not given any share in the property and therefore, accused no. 1 and his wife were aggrieved by the Will executed by the father of the complainant. Deceased-Rakesh Mehta stood in the witness in the Will and was very much associated with the family of the complainant. Accused no. 1 was also aggrieved by the relationship of the deceased with the complainant.

4. In the aforesaid facts, accused no. 1 and his accomplices, hatched the criminal conspiracy to eliminate deceased Rakesh Mehta. In order to execute the criminal conspiracy, unlawful assembly formed on 08.06.2022 with a common object to kill the deceased. It is a case of the prosecution that on the day of the incident, when deceased and his friend Yogesh Joshi passing nearby the office of accused no. 1, he was brutally assaulted by baseball bat. It is alleged that accused no. 1-Montu Gandhi and five to six other persons, being a member of unlawful assembly, assaulted the deceased, as a result of which, he succumbed to the injuries on the same day. The complaint came to be filed by the complainant Pawankumar Gandhi inter alia alleging that Montu Gandhi had assaulted the deceased and other persons, whose faces covered with the mask and handkerchiefs. His further statement was recorded on the next day i.e. on 09.06.2022, wherein name of present applicant-accused and accused no. 3-Jayraj Desai have been disclosed with the explanation that why their names earlier did not disclose in the FIR. After registration of the FIR, names of the present applicant-accused and co-accused no. 3 have been referred by the witnesses viz. Yogesh Joshi and Josh Jugnu. So far role of the present applicant is concerned, it is alleged that he along with accused no. 3 were present in the office of the complainant and in order to execute the conspiracy alleged to have been hatched by the accused no. 1, they were armed with baseball bat, assaulted the deceased. The applicant herein arrested on 18.06.2022. After conclusion of the investigation, the Investigating Agency has filed the charge-sheet against four persons and two unknown persons shown as absconding in Column No. 2 of the charge-sheet. The applicant moved regular bail application before the Sessions Court concerned being Criminal Misc. Application No. 6583 of 2022, which came to be rejected vide order dated 27.09.2022 by Sessions Court, Ahmedabad. This is a successive bail application as the earlier application filed before this Court was withdrawn with a liberty to file a fresh application before the Court concerned after filing the charge-sheet.

5. Mr. B.B. Naik, learned Senior Counsel for the applicant-accused submitted that the applicant has been falsely implicated in the alleged offence. It is in this context he submitted that the complainant had not seen the incident and was not present at the place. Referring to the panchnama of the pla