The court denied bail due to insufficient evidence linking the applicant to the crime and previous misuse of temporary bail.

ORDER :

(M.R. MENGDEY, J.) 

1. The applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the applicant on Regular Bail in connection with FIR being C.R. No.I-408/2017 registered with Vatva Police Station, District:Ahmedabad City for the offences punishable under Sections 302, 201 120B, 114 of the Indian Penal Code.

2. Heard learned advocate Mr.Nilay P. Chheda appearing for the applicant and learned APP Mr.Hardik Soni for the Respondent – State.

3. Learned advocate for the applicant submitted that in the present offence, investigation is over and charge-sheet has been filed. Learned advocate for the applicant submitted that the present applicant has been arrested in connection with the present offence on 15.12.2017 and since then the applicant is in  custody. The applicant has been apprehended in the present offence only on the basis of suspicion and there is no material whatsoever connecting the present applicant with the offence in question. It is the case of prosecution that the applicant was having an affair with the wife of the deceased, who is also a co-accused, however, there is no material indicating any such relationship between the applicant and the said co-accused. Connecting the present applicant with the offence in question.

3.1 He further submitted that the trial of the offence has commenced and several witnesses have also been examined and all the witnesses have supported the case of prosecution. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

4. The application is opposed by learned APP for the respondent.

5. This Court has considered the submissions canvassed by learned advocates for the parties and has also perused the material placed on record. At the outset it is required to be noted that the applicant has been arrested in connection with the present offence in the year 2017. Thereafter the applicant was considered for grant of temporary bail and while being on temporary bail the applicant had misused the liberty and had absconded for long period. Thereafter the applicant was apprehended again by the police authorities.

5.1 The record further indicates that the trial of the offence  has also commenced. The prosecution has cited as many as 28 witnesses, out of which 10 witnesses have already been examined and thus the trial is in progress. Having regard to these facts, this court would not like to appreciate evidence at this stage.

6. Considering all these aspects, no case is made out to exercise discretion in favour of the applicant. Accordingly, the present Application is dismissed.