The court granted bail based on insufficient evidence against the applicant, emphasizing the importance of reliable witness testimony.

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. 11216024240503 of 2024 registered with Kalol City Police Station, Gandhinagar

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-State has opposed the present application, inter alia, contending that the present applicant had actively participated in commission of the offence in question. There is an eye-witness to the incident, who has categorically stated that the role played by the present applicant in commission of the offence in question. He further submitted that the applicant herein had given a complaint before the Police Inspector, Kalol City Police Station with regard to the incident in question, which clearly implicates the present applicant in the offence in question. He, therefore, submitted to dismiss the present application.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. The prosecution seeks to rely upon the statement of one Eye-witness viz. Satish Prajapati. A perusal of the police statement indicates that the role played by the present applicant. However, the very same witness has also given a statement under Section 164 of the Code of Criminal Procedure and in the said statement, a different story has been narrated by the said witness. However, thereafter again, another statement has been given by the said eye-witness before the Investigating Officer on 14.12.2024, wherein he disowns the statement given by him before the concerned Magistrate under Section 164 of the Code of Criminal Procedure. Except the statement of eye-witness Satish, there is no other material connecting the present applicant with the offence in question.

6. 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.

7. 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.

8. 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 the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(c) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Trial Court;

9. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

10. Bail bond