IMPORTANT POINT
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial process.

JUDGMENT :

NIRAL R. MEHTA, J.

1. Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Himanshu Patel waives service of notice of Rule on behalf of respondent-State.

2. By way of this third successive bail application under Section 439 of the Code of Criminal Procedure, 1973, the applicant has approached this Court for releasing him on bail in connection with FIR bearing CR No. 11195050210611 of 2021 lodged before the Tharad Police Station for the offences punishable under Sections 302, 364, 384, 342, 34 and 120B of the Indian Penal Code.

3. Earlier, the applicant had approached this Court by way of Criminal Misc. Application No. 430 of 2022 which was heard in detail and since the Court was not inclined to grant regular bail to the applicant, the permission was sought to withdraw the said application and accordingly, said application was disposed of as withdrawn on 17.2.2022, however, with a liberty to the applicant to approach the concerned Sessions Court if in the event the trial does not commence within a period of 8 months.

4. Thereafter, again, the applicant had approached this Court by way of second successive bail application being Criminal Misc. Application No. 11114 of 2023. The said application was also withdrawn vide order dated 27.10.2023, however, with a liberty to the applicant to approach this Court in the event if the trial is not concluded within a period of six months.

5. As the trial could not be concluded within the period of six months, the applicant approached the learned Sessions Judge by way of Criminal Misc. Application No. 163 of 2024, which came to be rejected by the learned Sessions Judge vide order dated 24.5.2024.

6. Being aggrieved and dissatisfied by the aforesaid, the applicant has approached this Court by way of this third successive application under Section 439 of the Cr.P.C. for releasing him on regular bail.

7. The translated version of the FIR is produced herein- after, for ready reference:

“Complaint

Date: 26.05.2021

I, Hasmukhbhai Chhanabhai Prajapati, aged 65 years, Occupation: Driver, having permanent address at Haridham Society, Chotila, Taluka Chotila, District Surendranagar, at present residing at Aman Flats, India Colony, Hathijan Circle, Ahmedabad, Mobile No. 7096892042.

Being present here, I dictate my complaint that, I have been living with my family at the above mentioned address and work as a driver. I am a father to a son and three daughters. Ritaben is my eldest daughter, Poonamben is younger than her and Pujaben is younger than Poonamben. My son Yashbhai is the youngest. As all the three daughters have married, they live at their respective matrimonial houses, whereas my son is unmarried and lives with me.

On 13.03.2021, at about half past one in the afternoon, when I was at my house, I received a phone call from Tharad police Station. The caller asked me as to how I was related to Yash. I replied that he is my son. At that time, the caller said that, “his dead body has been found from the Narmada Canal near Sandhar Del Bridge. You may come over.” Pursuant to that, I and my family members went to the Tharad Referral Hospital from my house. My son’s dead body was lying in the P.M. Room. On the same day, I informed my son’s death to Tharad Police Station vide Accidental Death No. 04/2021. During the time when the investigation therein was in progress, about two days before today, my son Yashbhai’s friend Amitbhai Jayantilal Khatri, residing at R.T.O. Road, Vastral, Ahmedabad met me at Ahmedabad, who stated to me “I had an occasion to meet Kaushik Ramswarup Soni, a native of Diodar and at present residing at Chandlodiya, Ahmedabad and Divyesh Ishwarbhai Patel, having permanent residence at Modhera, Mahesana and at present residing at Vatva, Ahmedabad. At that time, Kaushik had told me that, Yash had viraled his photographs with his lover which caused a quarrel at his home. Moreover, Yash also got him arrested by the police in connection with a cheating case registered with S