IMPORTANT POINT
The court upheld the trial court's rejection of bail, emphasizing the seriousness of the charges and the sufficiency of evidence against the applicant.

JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present successive application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11823026230518 of 2023 registered with the Amletha Police Station, Narmada of the offence punishable under Sections 302, 201 & 120B of the IPC.

3. The facts in brief leading to the filing of the present application are that the complainant, namely, Kiritbhai Ratilal Jadav (Bhoi), i.e, the father of the deceased, lodged the present FIR, inter alia, alleging therein that the accused named in the FIR, namely, Ashwinbhai Bariya was having illicit relationship with one Urvashiben, residing next to the house of the complainant and, therefore, he used to frequently visit the house of Urvashiben. The son of the complainant, namely, Danteshwar @ Dnatu once scolded Ashwinbhai Bariya when he was sitting outside the house of Urvashiben that why you are sitting here, keeping grudge of which, the accused No.1- Ashwinbhai Rameshbhai Bariya, in collusion with the accused Nos.2 and 3 in the charge-sheet papers, i,e. Urvashiben and the present applicant-accused, hatched a criminal conspiracy to kill the deceased, and as a part of the said conspiracy, the accused Nos.2 and 3 developed friendship with the deceased, and on 25.05.2023, the accused Nos.2 and 3 took the deceased for under the pretext of outing, and they took him to Zarvani, Kanji, Vandri, Piplod, Deshipada village in the white coloured Hyundai Company’s i-20 of accused No.1, and while returning on 26.05.2023, at around 1:30, as per the plan, the accused Nos.2, strangulated the deceased in the running car, due to which, the deceased became unconscious. Thereafter, the accused stopped the car near one canal at Moje Virpor village, situated between Dholar to Virpor village at Ankleshwar-Rajpipla Highway, and at that time, the deceased regained consciousness and started altercation with the accused Nos.2 and 3, and therefore, the accused No.1 inflicted blow on the head of the deceased with the steel wrench and then strangulated the deceased with the seat belt of the car, and thereby killed the deceased. Then, the accused Nos.1 and 2 thrown away the body of the deceased in the canal and then the accused No.1 took away the mobile phone of the deceased and thrown it away into the the shrubs near Rajpipla- Ankleshwar Highway road, and thereby committed the offence of murder as well as destroying the evidence. Hence, the impugned FIR.

4. Learned advocate Mr. K.T. Beladiya appearing for the applicant has submitted that the applicant-accused was arrested on 02.06.2023 and since then he is in jail. Learned advocate Mr. Beladiya has also submitted that the investigation has already been completed and charge-sheet has also been filed. He has submitted that this is a third round of litigation, and the earlier two bail applications came to be withdrawn. Learned advocate Mr. Beladiya has also submitted that the applicant-accused has not been named in the FIR, and subsequently, during the course of investigation, on the basis of the statement made by the accused No.1, his name has come on surface, which is not admissible in the eye of law being hit by Section 25 of the Evidence Act. It is further submitted that there is no eye witness to the alleged incident, and everything which has been alleged against the applicantaccused is on assumption and presumption and he has been falsely implicated in the present offence. It is moreso submitted that the applicant-accused does not know Urvashiben or Narendrasinh Mangrol. Learned advocate Mr. Beladiya has further submitted that the applicant-accused is completely unaware about the incident and has not played any role in the commission of the alleged offence. Even, in the FIR, all that is alleged is against the accused No.1-Ashwinbhai and the same d