CHANDRASHEKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.

(2.) The present application, which is a successive bail application preferred by the application pursuant to the liberty granted by this Court by an order dtd. 20/1/2025 passed in Criminal Misc. Application No.27/2025, is filed under 483 of Bharatiya Nagarik Suraksha Sanhita, for regular bail in connection with the FIR being C.R. No.11210004232394/2023 registered with the Amaroli Police Station, Surat for the offence punishable under Ss. 393, 394, 397, 450, 114, 120(B) and 34 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 25/10/2023, for which, the FIR has been lodged on 25/10/2023 and the applicant has been arrested in connection with the same on 26/10/2023 and since then, he is in judicial custody. Learned advocate submitted that the applicant is in jail since last more than 17 months and as on date, there is no progress in trial and charge is not yet framed and thus, it will take considerable long time to conclude the trial and for indefinite period, the applicant may not be kept behind the bar. Learned advocate submitted that FIR is lodged against three accused and except the present applicant, other two co-accused have already been enlarged on bail. He, however, submitted that those two co- accused not remaining present before the court concerned, as a result of which, trial could not be proceeded further but in fact, the court concerned has issued non-bailable warrant upon them to secure their presence. It is, therefore, urged that considering the nature of the offence as also considering the incarceration period spent by the applicant in jail, the applicant may be enlarged on regular bail by imposing suitable conditions.