UMESHBHAI MUKESHBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I-C.R. No.32 of 2019 registered with Vichhiya Police Station for offences punishable under sections 302 , 307 , 325 , 324 , 323 , 504 , 506(2) , 143 , 147 , 148 , 149 and 114 IPC and Section 135 of the Gujarat Police Act.

(2.) Mr. Haresh Joshi, learned advocate for the applicant, submitted that the applicant herein is aged about 18 years old and that as per the allegations made in the first information report, the applicant is alleged to have inflicted a stick blow on the back of the left shoulder of witness Shivku Mansukhbhai. Apart from this, no other allegation has been levelled against the applicant. It was further submitted that investigation is over and charge-sheet has also been filed. It was, therefore, prayed that considering the age of the present applicant, discretion may be exercised in his favour by releasing him on regular bail.

(3.) Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the applicant herein has played a major role in the alleged incident and that looking to the allegations made against the applicant in the first information report, no discretion may be exercised in favour of the applicant.