ORDER

1. Rule. Learned APP waives service of notice of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR C.R. No.11204067260069 of 2026 registered with Sevaliya Police Station, Kheda for the offence punishable under Sections 103(1), 238 and 54 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).

3. The learned Advocate for the present applicant submitted that the applicant has no connection whatsoever with the alleged offence and has been falsely implicated. It was further submitted that the conclusion of the trial is likely to take considerable time and that the applicant has no criminal antecedents. On these grounds, it was prayed that the present application be allowed.

4. Per contra, the learned APP vehemently opposed the application, contending that the applicant is the principal accused and had developed an illicit relationship with the deceased. It was submitted that, apprehending that the deceased would become an impediment to his married life, the applicant caused her death. The applicant and the deceased allegedly used to meet at secluded places during the wee hours, and after committing the offence, the applicant, with the assistance of the co-accused, shifted the dead body to the highway in an attempt to portray the incident as a road accident. It was further submitted that, if released on bail, the applicant is likely to influence the witnesses and that the mere filing of the charge-sheet is not a ground for grant of bail. The co-accused, whose role was confined to assisting in shifting the dead body, have been enlarged on bail; therefore, the applicant cannot claim parity with them. Accordingly, it was prayed that the application be dismissed.

5. Heard the learned advocates appearing for the respective parties and perused the investigation papers.

6. While deciding bail application, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:

(i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses;

(iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;

(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused;

(v) larger interest of the public or the State and similar other considerations are required to be considered.

7. Having heard the learned advocates for the respective parties and having perused the documents on record, it appears that the complaint has been filed by the complainant, who is the sister of the deceased. Although the deceased was married, her husband was unemployed and habituated to alcohol. Owing to his unemployment and inability to provide for her needs, the deceased came into contact with the present applicant, who was a friend of her husband. Although the present applicant was married, he fell in love with the deceased, and she allege