Bail can be granted when investigation is complete, and judicial custody is deemed unnecessary pending trial.

ORDER

1. Mr. Minhaj M. Shaikh, learned advocate states that he has received instructions to appear for and on behalf of the original complainant and sought permission to appear on behalf of the original complainant. Permission; as sought for;

stands granted. He shall file his Vakalatnama before the Registry forthwith. Registry shall accept the same.

2. Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent- State and learned advocate Mr. Minhaj Shaikh waives service of notice of rule for and on behalf of the original complainant.

3. The present bail application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being I-C.R.No. 11198053220270 of 2022 registered with Talaja Police Station, District Bhavnagar for the offence punishable under Sections 302, 326, 325, 323, 143, 147, 148, 149, 34 and 201 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

4. Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant and therefore, he has requested to enlarge the applicant on regular bail.

5. Learned Additional Public Prosecutor appearing on behalf of the respondent-State and learned advocate for the original complainant have opposed grant of regular bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on bail. Ultimately, it was submitted by learned APP for the respondent-State as well as learned advocated for the original complainant to reject present application.

6. Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that the investigation is over against the present applicant and charge-sheet has been filed by the investigating officer against the present applicant. Since trial will take its own time to conclude, the presence of the applicant is not required in judicial custody and therefore, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, application of the applicant requires consideration.

8. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being I-C.R.No. 11198053220270 of 2022 registered with Talaja Police Station, District Bhavnagar 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 learned Trial Court and subject to the conditions that the applicant shall;

[a]

not take undue advantage of liberty or misuse liberty;

[b]

not act in a manner injurious to the interest of the prosecution;

[c]

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

[d]

not leave the territory of India without prior permission of the Sessions Judge concerned;

[e]

furnish latest and permanent address of residence to the Investig