chain and wrist watch on 19.04.2023, which is an unnatural act of a person who allegedly robbed the articles. As per the MLC, the injury of the victim has been opined to be simple. Applicant is in judicial custody since 15.12.2023. Investigation is over and charge sheet has been filed and thus no purpose will be achieved in continuing the Applicant in custody. At the preconviction stage, there is a presumption of innocence of the accused and bail is the rule and not jail. Two of the co-accused Vishnu Sharma and Rahul Bhardwaj have been granted anticipatory bails by the Trial Court, though allegation of firing is against Rahul. The contention of the State that since two other co-accused are absconding, bail should not be granted to the Applicant, is misconceived, in view of the observations of the Supreme Court in Sebil Elanjimpally v. The State of Odisha, 2023 SCC OnLine SC 677 and Munshi Sah v. The State of Bihar & Anr., Criminal Appeal Nos.3198-3199/2023, date of decision: 13.10.2023, that non-surrendering of a co-accused cannot be a germane factor to decline bail to the co-accused. 4. Learned APP, on the other hand, opposes the bail application on the ground that the allegations are serious in nature as Applicant has indulged in day light robbery and beaten up the victim. Charge is yet to be framed by the Trial Court. There is no parity between the case of the Applicant and the other co-accused Vishnu and Rahul, who have been enlarged on anticipatory bails, as there are no allegations of beating the victim, against them.
