SOMABHAI BHARMALBHAI NADODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I-51 of 2019 registered with Sami Police Station, District Patan for the offences under Sections 147 , 148 , 149 , 307 , 326 , 324 , 323 , 337 , 504 , 143 , 427 , 34 , 332 , 333 and 294(KH) of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He has submitted that the incident has taken place on 28.10.2019 at 1:00 p.m. and the FIR has been filed on 29.10.2020. He has submitted that the present applicant has not been even named in the FIR nor any overtact has been attributed to the present applicant. He has also submitted that the FIR is given by the so-called eye-witness, who is an accused of an offence under Section 302 of the IPC. He has submitted that the co-accused has been granted bail under the provisions of Section 438 of the Code of Criminal Procedure, 1973 vide order dated 09.03.2020 passed in Criminal Misc. Application No.4795 of 2020 and the another co-accused, who have participated in an offence under Section 302 of the IPC, have been granted anticipatory bail vide order dated 22.09.2020 passed in Criminal Misc. Application Nos.5232 and 5242 of 2020 by the Coordinate Bench of this Court. Thus, he has submitted that on the ground of parity, the present application may be allowed.