ORAL ORDER

1. Rule. Learned APP, Mr. Ronak Raval waives service of Rule on behalf of the Respondent State.

2. The Applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging him on Regular Bail in connection with FIR being C.R. No. 11204027230464 of 2023 registered with Kathlal Police Station, District: Kheda.

3. Heard learned Advocate Mr. Nabilkhan F. Yusufzai for the Applicant and learned APP, Mr. Ronak Raval for the Respondent – State.

4. Learned Advocate for the Applicant 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.

5. Per contra, learned APP Mr. Ronak Raval has vehemently opposed the present application for grant of regular bail contending that the applicant had discovered the weapon which was allegedly used by him in the course of the investigation, the same weapon was found to be blood stained and there is a strong prima facie case against the present applicant for the commission of the offence in question. He therefore submitted to dismiss the present application.

6. Heard learned advocates for the respective parties and perused the record. Investigation is over and charge-sheet is filed. The deceased in the present offence happens to be the father of the present applicant. The entire case of the prosecution rests upon circumstantial evidence. The only material to connect the present applicant is in the form of discovery of weapon by the present applicant during the course of investigation however, the perusal of the FIR makes it clear that the said weapon was lying at the scene of the occurrence after the incident had taken place. Having regard to the same, there is no other material to connect the applicant in the present case, the application 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 Applicant accused at the time of trial and tampering and hampering with the witnesses by the accused.

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

(c) That the Applicant is in custody since 12.10.2023.

(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 Applicant Accused at the time of Trial etc. and the role attributed to the present Applicant accused, the present Application 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 Application at initial stage. The Applicant Accused is ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court, subject to the following conditions that he 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 Trial Court at the time of executing the bond and shall not change the