ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11207002240065 of 2024 registered with the Godhra Town ‘B’ Division Police Station, Panchmahal of the offence punishable under Sections

306 and 114 of the IPC.

3. Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 20.02.2024 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation is in progress and charge-sheet has yet not been filed. It is submitted that the only allegation levelled against the applicant-accused is that he has administered threat to the deceased of having filed an FIR against the deceased and due to such action on the part of the applicant-accused, the deceased got afraid and took such a drastic step. Except that, there are no other allegations against the applicant-accused. Even there is no dying declaration left behind by the deceased. It is submitted that some land dispute was going on between both the sides for which cross-complaints had also been registered by both the sides against each other. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

4. The learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.

5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant. This Court has also considered the following aspects;

a) That the applicant-accused is in jail since 20.02.2024;

b) That except the allegation that the applicant-accused has threatened the deceased of having filed a complaint against him, no other allegations have been made in the FIR;

c) That considering the role attributed to the applicant- accused, I am of the view that 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 and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.11207002240065 of 2024 registered with the Godhra Town ‘B’ Division Police Station, Panchmahal, on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of resid