The court ruled that the absence of material evidence linking the applicant to the alleged offence warranted the granting of bail, emphasizing the need for a prima facie case.

ORDER :

1. The Applicant has filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging the Applicant on Regular Bail in connection with FIR being C.R. No. 11821011241845 of 2024 registered with Dahod A Division Police Station, Dahod.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State.

Rule. Learned APP waives service of notice of Rule on behalf of the Respondent - State.

3. Learned Advocate for the Applicant has submitted there is no any material on record to show that the applicant was present at the scene of offence which can directly link the applicant to the alleged offence. He has further submitted that the Applicant has good reputation in the society and no useful purpose would be served by keeping the applicant in jail for indefinite period. It is Further contended that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application For grant of regular bail on the ground that the present applicant was found at the scene of incident. There are three antecedents against the present applicant. The co-accused persons are yet to be apprehended. Learned APP has therefore submitted that looking to the nature of offence, this Court may not exercise the discretion in Favour of the applicant and the Application may be dismissed.

5. Heard learned Advocates For the parties and perused the record. As per the case of the prosecution, the role attributed to the Applicant is to the effect that he was Found with the slautering of cow and possession of beef, however, there is no material evidence to connect the present applicant to the alleged offence. Considering this aspect, the Application deserves consideration. 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 30.12.2024.

(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.

6. Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into &) consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application deserves to be allowed and accordingly stands allowed. This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the Following conditions that he shall:

(a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the Fact of the case so as to dissuade him From disclosing such Facts to the Court or any Police Officer or tamper with the evidence.

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

(c) 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 the residence without prior permission of the trial Court.

(d) provide contact numbers as well as the contact numbers of the sureties before the Trial Court. In case of change