Bail applications are denied when direct evidence of involvement in serious offences is presented, emphasizing the need for trial.

ORDER :

(M. R. MENGDEY, J.)

1. Both the captioned applications are filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 11189004240795 of 2024 registered with Morbi City ‘B’ Division Police Station, Morbi for the offences punishable under Sections 302, 323, 504, 506(2) and 114 of the IPC.

2. Learned advocate for the applicants has submitted that in present offence, the investigation is over and charge-sheet has been filed. The applicants herein have been arrested in connection with the present offence on 18.04.2024 and 19.04.2024, respectively and since then they are in custody.

2.1 Learned advocate for the applicants has submitted that there has been no progress in the trial after filing of the charge- sheet. The applicants have undergone incarceration for the period of almost 1 year.

2.2 Learned advocate for the applicants has submitted that the case of the other co-accused, who is similarly situated to the present applicants has been considered for grant of bail by the concerned Sessions Court.

2.3 Learned advocate for the applicants has submitted that there is no direct evidence so far as the involvement of the present applicants in the offence in question. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

3. Learned APP has opposed the present application, inter alia, contending that the present applicants herein had actively participated in commission of the offence in question. He, therefore, submitted to dismiss the present application.

4. Heard learned advocates for the parties and perused the material available on record. The Investigating Agency has recorded the statement of one Vaishaliben, who happens to be the daughter-in-law of the deceased. She, in her statement, has categorically stated that on the fateful day, the applicants herein along with other co-accused had gone to their place, the deceased, who had sustained some injuries, was sitting outside their house. The applicants and the other co-accused started abusing the deceased as well as his family members and were asking the family members of the deceased to come out of the house. The applicants and the other co-accused had set the cart of the son of the deceased on fire, and thereafter, the deceased was also dragged and was thrown in the fire because of which the deceased had sustained injuries. From the statement of this witness, it appears that she had seen the incident with her naked eye and has given the version of the incident, as it had happened. Thus, there is a direct evidence in the form of statement of the eye-witness against the present applicants. Having regard to the same, no case is made out to release the present applicants on bail. Hence, the present applications stand dismissed.