The court granted bail based on the applicant's prolonged incarceration and lack of trial progress, emphasizing fairness in similar cases.

ORDER :

(M. R. MENGDEY, J.) 

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

2. The present application is filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO. 3 of 2019 registered with Gandhidham Railway Police Station, Ahmedabad West Railway Police Station.

3. Learned Senior Advocate for the applicant has submitted that in present offence, the investigation is over and charge- sheet has been filed. The applicant herein has been arrested in connection with the present offence on 22.05.2019 and since then he is in custody. The trial of the offence in not progressing and still 82 witnesses are required to be examined by prosecution, and therefore, there is no likelihood of trial of the offence getting over in the near future.

3.1 Learned Senior Advocate for the applicant has submitted that the Hon’ble Apex Court has considered the other co-accused for grant of bail only on the ground of long incarceration. Having regard to the period of incarceration undergone by the present applicant, the applicant is also entitled to be enlarged on bail on the very same ground on parity with the other co-accused. Moreover, the main accused at whose behest the present offence has been allegedly committed is also considered for grant of bail by the Coordiante Bench of this Court. He, therefore, submitted to allow the present application and enlarge the present applicant on bail subject to suitable conditions.

4. Learned APP has opposed the present application, inter alia, contending that the present applicant had actively participated in commission of the offence in question, as he had helped shart shooter in commission of the offence in question. She, therefore, submitted to dismiss the present application.

5. Learned advocate for the original complainant has also opposed the present application, inter alia, contending that the trial has not been delayed because of any reason attributable to prosecution. In fact, the accused persons have been seeking adjournments on one ground or the other repeatedly, which has delayed the conclusion of trial. He, therefore, submitted to dismiss the present application.

6. Heard learned advocates for the parties and perused the material available on record. The applicant is arrested in connection with the present offence on 22.05.2019 and since then he is in custody. The role attributed to the present applicant in commission of the offence is to the effect that he had helped the other co-acccused viz. Shashikant Dadashanker Kamble, who is the sharp shooter. The record indicates that the said co-accused viz. Shashikant has been considered for grant of bail by this Court vide order dated 06.03.2025 on the ground of period of incarceration undergone by the said co-accused. The Coordinate Bench of this Court has considered the case of co- accused Chabilbhai Naranbhai Makani (Patel), who is the main conspirator in the present offence for grant of bail. As per the record, still 82 witnesses are required to be examined by the prosecution, and therefore, there is no likelihood of conclusion of trial in the near future. Having regard to the same, the present application deserves consideration.

7. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.

8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to