RAHIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. I ?150 of 2019 registered with Jamnagar City "C" Division Police Station, Dist.; Jamnagar for the offences punishable under Sections 302 , 323 , 504 , 147 , 148 and 149 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP for the respondent ?State has strongly objected the submissions made by learned advocate for the applicant and submitted that prior to the offence, in the first incident where the scuffle was objected the submissions made by learned advocate for the applicant and submitted that prior to the offence, in the first incident where the scuffle was taken place between he complainant and accused side and he had made a telephone to other two accused and call them to interfere in the dispute. That the complainant and the deceased had gone to the lorry of the present applicant for breakfast where first part of the present offence was taken place and scuffle was made. At the time of first incident, one person namely Jitu Makwana caught hold the deceased and shouted abuses and scuffled with the deceased and called Rafik then they came into Alto car with sword and knife and shouted abuses amd scuffled with the deceased. It is also placed on record that the present applicant is abater and prima facie connected with the commission of offence. As applicant is involved in serious offence, no lenient view can be taken by this Court in enlarging him on bail. Hence, she has requested to dismiss the present application.