The court emphasized the need for discretion in granting bail, considering the nature of the offence and the applicant's role, while ensuring conditions to prevent tampering with evidence.

ORDER :

(M.R. MENGDEY, J.)

1. Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for regular bail in connection with F.I.R. No.11213095240285 of 2024 registered with Dhoraji Taluka Police Station, District Rajkot.

3. Learned advocate for the applicant has submitted that considering the nature of offence and role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. The learned APP appearing for the respondent State has vehemently submitted that the applicant happens to be brother of the husband of the deceased who is co-accused in the present offence. The applicant had come all the way from his native to the place of incident for doing the deceased to death. The applicant had actively participated in commission of offence and had caught hold the deceased while the other co-accused i.e. the husband of the deceased had done her to death by strangulation. Learned APP has, therefore, submitted that the offences which have been charged, are serious in nature and looking to the facts as well as the allegations levelled against the applicant, no discretion is required to be exercised.

5. Heard learned advocates appearing for the parties and perused the material available on record. Investigation is over and Charge-sheet has already been filed. The case of the prosecution is based upon circumstantial evidence. As per the case of prosecution, the deceased was done to death by the present applicant and the other co-accused how happens to be his brother. The brother of the applicant was the husband of the deceased. After commission of the offence, the dead body of the deceased was buried in the premises wherein they used to live and the same was exhumed from the place where the dead body of the deceased was buried. So far as the role attributed to the present applicant is to the effect that he had abetted the other co-accused i.e. husband of the deceased in commission of offence in question. Having regard to this aspect, the present application deserves consideration.

6. This court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly 3 factors which are required to be considered by this court i.e. prima facie case, availability of Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicant has submitted that the Applicant Accused is not likely to flee away.

(c) That the Applicant is in custody since 10.08.2024.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40.

7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the aforesaid FIR, on executing a bond of Rs.10,000/- (Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that;

(a) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade from disclosing such facts to the Court or any Police Officer or tamper with the evidence.

(b) shall maintain law and order and not to indulge in any criminal activities.

(c) shall furnish the documentary proof of complete, correct and present address of residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change residence without prior permission of the trial Court.

(d) shall provide contact numbers as well as the cont