IMPORTANT POINT
The court denied bail due to the applicant's serious conduct and multiple offences, emphasizing that the principle of parity does not apply uniformly in bail applications.

JUDGMENT :

(Divyesh A. Joshi, J.)

1. Rule returnable forthwith. Learned advocate Mr. Aftabhusen Ansari waives service of notice of rule for and on behalf of the original complainant and 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.11207002210450 of 2021 registered with the Godhra Town ‘B’ Division Police Station, Panchmahals of the offence punishable under Sections 143,147,148, 149, 307, 326, 337, 506(2) and 323 of the Indian Penal Code, 1860 and Section 135(1) of the Gujarat Police Act.

3. Facts in brief leading to the filing of the present application are that one Firdos Yusuf filed the impugned FIR against, in all, total six accused persons, including the present applicant-accused, who is shown as accused No.3 in the FIR. According to the complaint, on 15.05.2021, as the wife of the complainant, namely, Mumtaz was at the house of his kinswoman, namely, Amenabibi Ismail Bokda, residing at Mohammedi Maholla, Godhra, the complainant went to take her back on his Pulsar Motorcycle, and while he was on the way and reached near the house of Abdulgani Badam, all the accused persons were standing there, and when the complainant reached near them, first of all, Nishar Badam saw him and shouted loudly that ‘informant has come’ and pushed him down from the bike. Thereafter, Anas picked up a big stone and hit it on the leg of the complainant. While Mehfuz inflicted a blow on the leg of the complainant with the iron pipe. Then, Umar and Abdulgani came with the sword, of whom, Umar tried to give a sword blow on the neck of the complainant with a view to kill him, however, as the complainant tried to protect himself with his left hand, he received injuries on his left hand. Then, Nisar Badam took the sword from Abdulgani and tried to give a sword blow on the neck of the complainant with a view to kill him, however, one Ibrahim Mohammed Dhantya, a resident of Muslim Society ‘B’ Godhra, intervened and grabbed the sword. Thereafter, Abdulgani started beating him indiscriminately with the wooden stick, at which point of time Imran Dorva @ Masliyo also started giving him kicks and fist blows. Then, as complainant started shouting, people from nearby gathered and, therefore, they all ran away. Thereafter, his brother Irfan Yusuf Raliya and one Asfaq Ahmed Hasan from his area also reached there and took him to the Godhra Civil Hospital in a rickshaw, from where the complainant was referred to the Vins Hospital at Vadodara City where he was admitted as an indoor patient. With this sort of allegations, the impugned FIR has been filed.

4. Learned advocate Mr. P.P. Majmudar appearing for the applicant has submitted that the applicant-accused was arrested on 22.09.2024 and since then he is in jail. Learned advocate Mr. Majmudar has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate Mr. Majmudar has also submitted that the present litigation has a checkered history. Initially, the applicant-accused was arrested in connection with the present offence on 28.07.2021 and, thereafter, he preferred an application for regular bail being Criminal Misc. Application No.14749 of 2021, which came to be allowed by a Coordinate Bench of this Court vide order dated 08.10.2021 and the applicant-accused was ordered to be released on bail. However, it is an admitted position of fact that, thereafter, his bail application was cancelled by the trial court vide order dated 29.09.2022. Thereafter, the applicant-accused preferred an application being Special Criminal Application No.10690 of 2022, seeking quashment of the said order before this Court, which came to be withdrawn vide order dated 18.10.2022. Thereafter, the applicant-accused was in judicial custody in connection with another FIR being