Bail granted when the applicant's connection to the crime is primarily circumstantial without substantial evidence.

1. This application is filed by the applicant under S.439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I - 11214020200297 of 2020 with Karmej Police Station, District - Surat, for the offence punishable under S.302, S.201, S.114 of the Indian Penal Code .

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

3. On the other hand, the learned Additional Public Prosecutor appearing for the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :
I) The F.I.R. is registered on 06-2020-03 - for the offence which is alleged to have taken place on 06-2020-03;
II) The applicant is in custody since 08-2020-03;
III) Investigation is concluded and charge sheet is filed;
IV) Learned Advocate for the applicant submitted that the only offence connecting to the applicant is of the circumstances of last seen together that to on the basis of the statement of the witness namely Javed.
V) Learned Advocate for the applicant submitted that the timings of last seen together given by Javed and call details records collected of the deceased as well as accused - wife of the applicant did not match with the timings and the locations.
VI) Learned Advocate for the applicant under the instruction submitted that there are no other antecedents against the applicant;
VII) Learned Advocate for the applicant submitted that co - accused wife has been enlarged on bail. Hence, applying principle of parity.
VIII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.
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 : (AIR 2012 SC 830).

6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant 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.

7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I11214020200297 - of 2020 with Karmej Police Station, District - Surat, 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 and 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 Tria