ASHISH GANESHBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-11191040200221 of 2020 registered with Sardarnagar Police Station, Ahmedabad for offence under Ss. 302 , 324 and 114 of the Indian Penal Code and Sec. 135(1) of the GP Act.

(2.) Mr.I.H. Syed, learned senior advocate assisted by Mr.C.K. Pandya, learned advocate appearing on behalf of the applicant submits that earlier bail application being, Criminal Misc. Application No.15455 of 2020 was withdrawn with liberty to file a fresh application after receiving the report of FSL regarding CCTV footage and now CCTV Footage is received. He submits that according to this report, face of the persons described in the police forwarding note could not be enhanced as the distance between the persons and camera were more with respect to the resolution of the camera and lighting condition was not good. He, therefore, submits that it is clear from the report that the faces of the persons appearing in the CCTV Footage are not recognizable. It is further his submission that as per the allegations in the FIR, the knife blows were given to the deceased by co-accused persons i.e. Sukesh Ganeshbhai Vyas and only allegations against the present applicant is that he caught hold of the deceased. He further strenuously, submits that the complainant and the accused persons are residence of the same society and were known to each other before the incident. However, complainant Ramesbhai Sharma and injured witness Vivekbhai in their history before the Medical Officer at the time of their admission in Anand Surgical Hospital Private Limited at about 10:45 p.m. stated that injury was caused by 3-4 unknown persons. He further submits that thereafter, the FIR is lodged at about 3:15 a.m. on 20/1/2020, wherein the names of the accused persons are disclosed. He further submits that there are material discrepancies and contradictions between the version of incident given by witness Vivekbhai and Ashish alias Rameshkumar Sharma and the version disclosed in the FIR. He would also submit that the only role ascribed to the applicant of catching hold of the deceased and no stab injury has been inflicted by the applicant to the deceased by means of any weapon. He would submit that co-accused Mukesh alias Nani Arjunbhai Kalidas Bhil is released on bail by the Coordinate Bench of this Court vide order dtd. 5/8/2020. He further submits that the investigation is over and charge-sheet is filed, and therefore, now there is no question of tampering the prosecution evidence and witnesses. He also submits that the applicant is ready and willing to abide by the condition that may be imposed by this Court, if the applicant is released on bail. He, therefore, urges that the present application may be allowed and the applicant may be enlarged on bail on appropriate conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence and submits that no fresh circumstance has emerged after the withdrawal of the earlier bail application. According to her submission, the complaint of the first informant, who is also injured witness is recorded in the hospital, wherein the names of the accused persons are disclosed immediately. She further submits that the FSL Report regarding CCTV Footage is of no consequence, as the applicant is named in the FIR with the specific role attributed to him. She, therefore, submits that the applicant may not be enlarged on bail, as he has involved in the serious offence.