Bail is a rule, not an exception; personal liberty must be prioritized unless serious risks are present.

ORDER :

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

2. The present application is filed under Section 439 of the Code of Criminal Procedure, for regular bail in connection with FIR being C.R. No.11210045234633 of 2023 registered with Pandesara Police Station, Surat, for the offence under Sections 302, 34, 120B, 201 and 115 of the Indian Penal Code, 1860 and Section 135 of the G.P.Act.

3. Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and charge-sheet has been filed. Applicant has not played any active role in the crime. Applicant is in jail since 19^th October, 2023. Now nothing is required to be recovered and discovered from the accused. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that the present applicant is actively participated in the offence. He was part of the conspiracy, by hatching conspiracy, he caught hold the deceased at the spot and make arrangement for the snacks. Thereafter, co-accused viz. Santosh made as assault and at that time, present applicant along with the co-accused caught hold the deceased. Considering the aforesaid fact, it appears that prima facie, involvement is there and offence is serious one. So far as enlargement of co-accused is concerned, the co-accused, who are enlarged on bail is having lessor role whereas applicant is having greater role. Therefore, question of parity does not arise. Therefore, if he is ordered to be enlarged on bail, then possibility cannot be ruled out to tamper with the evidence.Hence, he has requested to dismiss the present application.

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 has been filed, but no substantial progress being made in the trial;

(2) Applicant is behind the bar since 19.10.2023;

(3) Complaint is filed against unknown accused. During investigation, so far as role attributed to the present applicant is concerned, he has caught hold the deceased and as a part of conspiracy, the co-accused Sagar, Santosh and Jitendra made assault and given fatal blow to the deceased.

(4) applicant is having no past antecedents;

(5) There is nothing to be recovered or discovered from the applicant;

(6) charge is not yet framed and commencement of trial will take its own time;

(7) the co-accused are alre