The court emphasized that bail considerations include the nature of allegations, gravity of accusations, and the absence of a Test Identification Parade, leading to the granting of bail under specific conditions.

ORDER :

(M. R. MENGDEY, J.)

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

2. The Applicants have filed this Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for enlarging the Applicants on Regular Bail in connection with common FIR being C.R. No.11195009240465 of 2024 registered with Chhapi Police Station. Banaskantha.

3. Heard learned Advocate for the Applicants and learned APP for the Respondent – State.

4. Learned Advocate for the Applicants submitted that the Applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in jail for indefinite period. It is further contended that the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

5. Per contra, learned APP has vehemently opposed the present applications for grant of regular bail contending that there is an active participation on part of the present applicants in commission of the offence in question. The applicants have looted the first informant of the valuable muddamal articles when they were plying in a bus. The muddamal articles have also been recovered from the present applicants. He therefore submitted that looking to the nature and gravity of offence, this Court may not exercise the discretion in favour of the applicants and the applications may be dismissed.

6. Heard learned advocates for the respective parties and perused the record. From the record it appears that the investigation is over and charge- sheet has been filed. As per the case of prosecution, the first informant and other victims were travelling in a bus and were also carrying with them golden ornaments. As per the case of prosecution, the first informant and other victims were looted of those muddamal articles which they were carrying with them when they were so travelling. Interestingly, none of the applicants have been subjected to Test Identification Parade. Considering the same, the applications deserves consideration.

7. This court has 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 Applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

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

(c) That the Applicants are in custody since 8.9..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.

8. 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 Applicants Accused at the time of Trial etc. and the role attributed to the present Applicants accused, the present Applications 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 Applications at initial stage. The Applicants Accused are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- (each) with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that they 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 Tria