Bail applications in serious offenses require substantial evidence; mere suspicion is inadequate for granting bail.

ORDER :

A.Y. KOGJE, J.

1. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.3 of 2019 registered with Gandhidham Railway Police Station, Kutch for the offence under Sections 302, 397, 201, 120B and 34 of the Indian Penal Code, Sections 25(1)(1B)a, 26 and 27 of the Arms Act, Sections 145(B) and 155 of the Indian Railways Act and Section 135 of the Gujarat Police Act.

2. Learned Advocate appearing on behalf of the applicant submitted that that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is aged 39 years and is in jail since 2019.

2.1 It is submitted that case against the present applicant is based on suspicion and it is a settled law that case based on suspicion cannot take place of proof. It is submitted that mere proximity or acquaintance with the persons who are made accused in itself cannot be the ground for implicating the applicant in such a serious offence.

2.2 It is submitted that the applicant was arraigned as accused in the FIR based on suspicion and now even after filing of the charge sheet, no legally admissible evidence connects the present applicant with the alleged crime.

2.3 It is submitted that the applicant is made a scapegoat due to political rivalry between deceased and accused Manisha, Chabbil Patel and Jayanti Thakkar, who had grudge against the deceased and hold the deceased responsible for their political downfall.

2.4 It is submitted that this Court by order dated 07.01.2023 was pleased to issue direction to the trial Court to conclude trial within one year, preferably by fixing day to day hearing. Even then also, the trial has not concluded and there is complete non-cooperation on the part of prosecution to proceed with the trial. On the contrary, all efforts are being made on the side of prosecution to prolong the trial. It is submitted that the Apex Court by order dated 18.05.2023 in case of co-accused Manishaben in Special Leave to Appeal (Cri.) No.6245 of 2023 has also directed to conclude trial within a period of six months. Still, directions of the Supreme Court are not complied with.

2.5 It is submitted that co-accused Nikhil Thorat has been enlarged on regular bail by the Apex Court by order dated 29.01.2024 in Special Leave to Appeal (Cri.) No.15437 of 2023 as be was in jail for more than 4 years, as the case rests on circumstantial evidence and the fact that more than 60 witnesses are yet to be examined. It is submitted that co-accused Manisha is also enlarged on regular bail by the Apex Court by order dated 29.07.2024 in Special Leave to Appeal (Cri.) No.7391 of 2024 and thereafter, yet another co-accused Chabilbhai Patel was released on regular bail by this Court by order dated 02.08.2024 in Criminal Misc.Application No.5162 of 2024 and therefore, on the ground of parity, case of the present applicant deserves consideration.

3. As against this, learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that this Court in the matter of another accused, viz. Jayantilal Thakkar, who also is a co-conspirator, having similar evidence against him as the present applicant, denied bail to him with a reasoned order and the said accused had filed Special Leave to Appeal (Criminal) No.3144 of 2021 before the Apex Court and the Apex Court had dismissed the said SLP by order dated 27.04.2021, not interfering with the impugned order of this Court.

3.1 It is submitted that the applicant was in the thick of conspiracy and there are enough circumstances to indicate his involvement in such conspiracy. The applicant has been named from the initial stage, i.e. registration of the FIR and there are evidenced recorded of the witnesses. It is submitted that in the form of evidence about proximity with Manisha Goswami and co-ac