Bail may be granted when the accused's role does not involve principal offences and co-accused have received bail.

ORAL ORDER

1. Heard learned Advocate Mr. Munjal Acharya for learned Advocate Mr. Ravikumar Pathak on behalf of the applicant and learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.

2. Rule. Learned APP waives service of rule on behalf of the respondent-State.

3. The present applicant who has been arraigned as an accused has preferred this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11184001241704 of 2024 registered with Bodeli Police Station, District: Chhotaudaipur for the offence punishable under Sections 103(1), 238, 54 of the Bhartiya Nyay Samhita , 2023 and Section 135 of the Gujarat Police Act after filing of the charge- sheet more particularly the application preferred by the applicant having been rejected by the learned Trial Court.

4. Learned Advocate Mr. Acharya would submit that the role attributed to the present applicant is of having disposed of the body of the deceased and whereas there is no allegation of the present applicant being involved in the principal offence in question. Learned Advocate would submit that as such, the persons against whom the principal offence of committing murder had been levelled, have been considered for grant of regular bail by learned Co-ordinate Bench of this Court vide order dated 06.01.2025 and 08.10.2025 in Criminal Misc. Application No. 34 of 20254 and Criminal Misc. Application No. 20265 of 2025 respectively. Learned Advocate would submit that having regard to such a circumstance, this Court may consider releasing the present applicant on regular bail.

5. The present application has been vehemently objected to by learned APP Mr. Dabhi. Learned APP would submit that the present applicant has been alleged to have helped the principal accused in a heinous crime and whereas this Court may not consider the case of the applicant for grant of regular bail.

6. To a pointed query by this Court learned APP would submit that the fact of the co-accused having been considered for regular bail is undeniable. 7. This Court has heard learned Advocates for the respective parties and perused the FIR as well as passed by learned Session Court as well as affidavit filed by the investigating officer before the learned Trial Court.

8. This Court has 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

9. This Court has also considered the following aspects:

(i) The fact that the role attributed to the present applicant is of having assisted in disposing of the body of the deceased, whereas, the allegation of having committed the main offence, is not levelled against the present applicant.

(ii) That the fact of the persons against whom the main allegation is levelled that is of committing the murder, having been considered for release on regular bail by a learned Co-ordinate Bench of this Court.

10. In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, 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.

11. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with FIR being C.R. No. 11184001241704 of 2024 registered with Bodeli Police Station, District: Chhotaudaipur for the offence punishable under Sections 103(1), 238, 54 of the Bhartiya Nyay Samhita , 2023 and Section 135 of the Gujarat Police Act on executing a bond of Rs.10,000/- (Rupees