Bail is the rule and jail is the exception; personal liberty must be upheld unless substantial evidence suggests otherwise.

ORDER :

Leave to amend.

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 successive regular bail in connection with FIR being CR-No.I-11208050240986 of 2024 registered with Rajkot City “A” Division Police Station, Rajkot for the offences punishable under Sections 117(2), 118(1), 351(3), 324(2), 54, 61(2)(A), 119(1) and 119(2) of the BNS and Section 135 of the GP 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. The injured/victim is discharged from the hospital and out of danger. Commencement of trial will take its own time. Whatever evidence is collected during the investigation, there is no possibility to tamper with the evidence. 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 and original Complainant have opposed the present application on the ground that the accused No.1 Paresh Goshwami is on run as he is a goon and at his instance, the present applicant and other co-accused are hired and they have made an assault. They have tried to make an assault second time. It is submitted that the present applicant is involved in the offence. Considering the aforesaid fact, they have acted in brutal manner. The present applicant is having past antecedent also co-accused have tried to extort the money of Rs.71 lakh. If he released on bail possibility cannot be ruled out to tamper with an evidence and to indulge in similar type of activity. Hence, they have requested to dismiss the present application for successive 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. In present case, the investigation is over and charge-sheet has been filed. Following aspects have been considered:

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

(2) None of the offence alleged is punishable with life sentence or death penalty;

(3) applicant is arrested on 24.10.2024;

(4) victim/injured is out of danger and discharged from the hospital;

(5) commencement of trial will take its own time;

(6) As far as past antecedents are concerned, until proven guilty, he is governed by the presumption of innocence.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012] 1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prose