ORDER : 1. Heard the learned advocates for the respective parties through video conferencing. 2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an FIR being C.R.No.11211056200104 of 2020 registered with Surendranagar City “B” Division Police Station, Dist. Surendranagar for the offences punishable under Sections 302, 147, 148, 149, 34, 201 of the Indian Penal Code, 1860 and under Section 135 of the Gujarat Police Act. 3. Mr.Lakhani, learned Senior Advocate appearing with Mr.Dholakia, learned advocate appearing for the applicant, submitted that all the coaccused, except the present applicant have been released on bail either by the High Court or the Sessions Court. The details are as below : [1] Gautam – accused no.2 (injured) has been released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020; [2] Vishal – accused no.5, who was carrying wooden bat, has been released on bail by this Court vide order dated 05.02.2021 passed in Criminal Misc. Application No.19028 of 2020; [3] Hitesh – accused no.1 (having 20 antecedents), who was carrying iron rod, has been released on bail by the Sessions Court vide order dated 22.03.2021 passed in Criminal Misc. Application No.208 of 2021; [4] Ajit – accused no.8, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 18.02.2021 passed in Criminal Misc. Application No.114 of 2021; [5] Rahul – accused no.9, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 18.02.2021 passed in Criminal Misc. Application No.115 of 2021; [6] Jignesh – accused no.3, who was carrying iron rod, has been released on bail by the Sessions Court vide order dated 24.02.2021 passed in Criminal Misc. Application No.142 of 2021; [7] Parth – accused no.6, who was carrying wooden bat, has been released on bail by the Sessions Court vide order dated 02.03.2021 passed in Criminal Misc. Application No.152 of 2021. 3.1 He has submitted that the accused no.2 was released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020. The said order was challenged before the Apex Court by way of Special Leave Petition (Criminal) Diary No.753 of 2021 and the Apex Court has dismissed the same vide its order dated 01.02.2021. 3.1 He has submitted that the accused no.2 was released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020. The said order was challenged before the Apex Court by way of Special Leave Petition (Criminal) Diary No.753 of 2021 and the Apex Court has dismissed the same vide its order dated 01.02.2021. Learned Senior Advocate has further pointed out that the applicant was carrying a wooden bat and the accused, who were carrying the same weapon as well as the iron rod, who had allegedly assaulted the deceased, are released on bail and hence, on the principle of parity, the present applicant may be released on bail. 3.2 While referring to the statement of the sole eyewitness, learned Senior Advocate has pointed out that in fact, the deceased had assaulted with a firearm and fired two rounds on the accused, more particularly, the accused no.2 – Gautam, who was also injured and hence, in self-defence, the applicant and other co-accused had assaulted the deceased. He has submitted that the Sessions Court in the case of Hitesh – accused no.1, who is alleged to have hit the deceased with the iron rod, released him on bail, after considering his 20 antecedents and the fact that the deceased had fired on the accused. He has submitted that Gautam has approached this Court praying for regular bail vide Criminal Misc. Application No.13170 of 2020, wherein this court vide order dated 20.10.2020 has enlarged him on regular bail. He has submitted that Vishal has approached this Court praying for regular bail vide Criminal Misc. Application No.19028 of 2020, wherein this Court vide order dated 05.02.2021 has enlarged him on regular bail. He has also submitted that two other accused persons – namely Ajitbhai and Rahul @ Jaypal, who were identified by way of Test Identification Parade panchnama, had filed Criminal Misc. Application No.114 and 115 of 2020 respectively before the Sessions Court, Surendranagar, wherein the Sessions Court has enlarged them on regular bail vide order dated 18.02.2021. Lastly, it is urged by learned Senior Advocate for the applicant that considering the aforesaid facts of the case, the applicant may be released on bail. 4. Application No.114 and 115 of 2020 respectively before the Sessions Court, Surendranagar, wherein the Sessions Court has enlarged them on regular bail vide order dated 18.02.2021. Lastly, it is urged by learned Senior Advocate for the applicant that considering the aforesaid facts of the case, the applicant may be released on bail. 4. Per contra, Learned Additional Public Prosecutor Ms.Moxa Thakker appearing on behalf of the respondent-State has opposed grant of regular bail considering the nature and gravity of the offence and submitted that present applicant is having seven antecedents, including the present one and since the applicant was absconding, he may not be released on bail. 4.1 In response to the aforesaid submission of the learned APP, the learned Senior Advocate has submitted that in fact, there are three antecedents against the applicant, two offences are of the Prohibition Act and one offence of the Gambling Act. It is thus, submitted that on the principle of parity, the present applicant may be released on bail. 5. Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant. This Court has considered following aspects; (i) The role attributed to the accused; (ii) The investigation is over and the chargesheet is filed; (iii) The accused no.2 was released on bail by this Court vide order dated 20.10.2020 passed in Criminal Misc. Application No.13170 of 2020. The said order was challenged before the Apex Court by way of Special Leave Petition (Criminal) Diary No.753 of 2021 and the Apex Court has dismissed the same vide its order dated 01.02.2021. (iv) The deceased had assaulted with a firearm and fired two rounds on the accused, more particularly, the accused no.2 Gautam who was also injured and hence, in selfdefence, the applicant and other coaccused had assaulted the deceased. (v) The Sessions Court in the case of Hitesh – accused no.1 who is alleged to have hit the deceased with iron rod was released on bail after considering his 20 antecedents. (vi) The coaccused who are having identical role have been released by the various orders as referred to hereinabove by this Court as well as by the Sessions Court. (vi) The coaccused who are having identical role have been released by the various orders as referred to hereinabove by this Court as well as by the Sessions Court. (vii) It is also coming on record that all the accused have been arrested after two months of the alleged incident, who are similarly situated to the present applicant and hence, on the principle of parity, the present applicant may be released on bail imposing similar conditions. (vii) The applicant is behind the bar since last 06.06.2020. 6. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40 ; 7. In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.11211056200104 of 2020 registered with Surendranagar City “B” Division Police Station, Dist. Surendranagar, on executing a personal bond of Rs.10,000/-(Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned 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; (c) surrender his passport, if any, to the lower court within a week; (d) not leave the State of Gujarat without prior permission of the concerned Trial Court; (e) not to enter Surendranagar District till the evidence of the witnesses is over; (f) mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.; (g) furnish latest address of 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 the Trial Court; 8. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case. 9. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case. 9. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly. 10. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode. 11. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.