A successive bail application must demonstrate a significant change in circumstances since the prior dismissal; mere absence from the scene does not negate instigation of the crime.

ORDER :

(M. R. MENGDEY, J.)

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. 11191065240015 of 2024 registered with Narol Police Station, Ahmedabad for the offences punishable under Sections 302, 143, 147, 148, 149, 323, 324, 307, 506(2), 120(b) of the Indian Penal Code and Section 135(1) of the G.P. Act.

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

3. Learned Advocate Zubin F. Bharda appearing for the Applicant has submitted that the Applicant had earlier preferred Criminal Miscellaneous Application No. 10462 of 2024 which was dismissed by this Court vide order dated 25.06.20224. However, thereafter the other co-accused have been considered for grant of bail by this Court and the role attributed to the those accused is either similar or more graver than the role attributed to the present Applicant. Thus, there is a change in circumstances after the earlier Bail Application filed by the Applicant was dismissed. He further submitted that as per the case of the prosecution case, the Applicant herein had an axe to grind against the first informant. Admittedly the Applicant had no enmity with the deceased and therefore there was no reason for the Applicant to cause any harm much less to cause the death of the deceased. He further submitted that the Applicant herein was not even present at the scene of offence when the incident had taken place. 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 contending that the Bail Application filed by the Applicant on the earlier occasion has been dismissed by this Court by a detailed reasoned order and thereafter the present being a successive Application, it is incumbent upon the Applicant to show the change in circumstances after the dismissal of the earlier Application. There is no such apparent change in the circumstances thereafter and hence the Application is not maintainable. He further submitted that it was the present Applicant at whose behest the entire incident had taken place. 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. Learned Advocate appearing for the Original Complainant has also opposed the Application and prayed to dismiss the same.

6. Heard learned Advocates for the parties and perused the record. The Applicant herein had earlier preferred Criminal Misc. Application No. 10462 of 2024 which was dismissed by this Court vide order dated 25.06.2024. While dismissing the said Application this Court had made the following observations:

"6. From the record it appears that the present applicant as well as the first informant were engaged in the business of illicit liquor and there was some business rivalry going on between them for quite some time. Some days prior to the incident, the first informant had posted some massage in whatsup group which was allegedly derogating image of the present applicant and therefore, the present applicant warned the first informant to tender an apology or else he would be done to death. There is whatsup conversations between the present applicant and the witness wherein the present applicant is asking the witness to visit the first informant and ask him to tender an apology for passing derogatory messages against him or else he would be done to death.

7. The alleged incident had taken place on 07.01.2024 as per F.I.R. on 06.01.2024. When the first informant was passing through the a