The court emphasized that bail is a rule and pre-trial detention is an exception, prioritizing personal liberty and the absence of evidence against the accused.

ORDER :

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being I-C.R. No.125 of 2017 registered with Surat Railway Police Station, Western Railway Vadodara for the offences punishable under Sections 302, 324, 504 and 114 of the Indian Penal Code, 1860 (for short “IPC”) / The Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 135 of the GP Act.

3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is arrested on 30.04.2024. Similarly situated co-accused is released on regular bail by this Court. Hence, on the ground of parity, the present application deserves consideration. There is no eye-witnesses. No antecedents is reported against the applicant. It is further submitted that, considering the nature of the offence, the applicant may be granted regular bail with the imposition of suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail on the ground that the statement under 164 of the IPC, the role of the present applicant is clearly revealed and his role is clearly different than the accused Mukesh, who is the main assailants and has made an assault to the deceased and other witnesses. Hence, he has requested to dismiss the present application for regular bail looking to the nature and gravity of the offence.

5. While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail: (i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations are required to be considered.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Investigation is over and charge-sheet is filed;

(2) No chance of flight risk.

(3) No possibility of tampering with the evidence.

(4) The offence was registered in the year 2017 against unknown persons. The co-accused was arrested for the first time in April, 2024, and in his statement, the name of the present applicant surfaced.

(5) Upon perusing the FIR, it appears that the deceased was the aggressor and attempted to assault the accused. The applicant only caught hold of the deceased, and no other role is attributed to him. He did not assault anyone, nor did he deliver any fatal blow. His mere presence at the scene of the offence is not enough.

(6) Now, nothing required to discover or recover from the accused, and there is no possibility of proceeding with the trail in the near future.

(7) applicant is arrested on 30.04.2024;

(8) No T.I. parade is conducted and no scientific evidence is collected during the investigation including weapon is also not received.

(9) No antecedent is reported against him;

(10) based on the voluntarily statement / admission of accused before his friend witness viz. Sagar Patil, he is arraigned as an accused, but his statement is recorded after 7 years of incident;

(11) the co-accused is already released on bail by this Court. Hence, on the ground of pa