NARAYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant - accused, seeking regular bail under Section 439 of Cr. P.C., in connection with the FIR being C.R. No.I-?97 of 2019 registered with Anand Rural Police Station, District Anand for the offences punishable under Sections 379A (1)(3), 120B, 114 of IPC and under Section 25(1)(b)(a) of Arms Act.

(2.) It is alleged in the FIR inter alia that the complainant is in the business of Aangadia. On 10.10.2019 he along with his son had left home with cash of Rs.45 lac on the motorbike at about 7.45 a.m., and when they reached near Lambhvel at about 8 a.m., his son lowered down the speed of the motorbike near the petrol pump for filling the fuel, and at that time, two persons came on a bike and snatched the bag containing Rs.45 lac from the complainant. The complainant tried to follow the said two persons, but could not catch them. After the investigation, the Investigating Officer has filed the charge-?sheet against five accused namely; (1) Baaluji alias Gali Ramanbhai Solanki, (2) Sanat alias Pintu Santoshkumar Jain, (3) Sonu alias Bheem Purushotambhai Jha, (4) Narayan alias Jago Vishnubhai Raval (i.e. the present applicant) and (5) Mujahit alias Sonu Salimkhan Suleman Mansuri, wherein it has been alleged that after the accused Nos.2 and 3 snatched the bag from the complainant containing Rs.45 lac, they came near the express highway, where the accused Nos.1 and 4 (present applicant) were waiting in Eco Car and the accused Nos.2 and 3 leaving the motorbike at that place, sat along with the accused Nos.1 and 4 in the said car. Thereafter all the accused had gone to the house of accused No.1 and distributed the amount looted by them. Accordingly the accused No.1 got Rs.14,50,000/-?, accused No.2 got Rs.14,50,000/-?, accused No.3 got Rs.1,00,000/-? and accused No.5 got Rs.2,50,000/-?.

(3.) It is sought to be submitted the learned Advocate Mr.Nikhil Kariel for the application that the accused No.1 whose role is allegedly similar to the present applicant has been released on bail by the Coordinate Bench as per the order dated 21.7.2020 passed in Criminal Misc. Application No.8984 of 2020. According to him, even as per the papers of charge-? sheet, the present applicant has not received any amount from the said alleged amount looted by the accused Nos.2 and 3. He also submitted that though the present applicant is allegedly involved in the other similar offence, the Coordinate Bench of this Court has released him on bail in the said case also as per the order dated 12.6.2020 passed in Criminal Misc. Application No.4494 of 2020. He further submitted that the applicant -? accused is ready and willing to abide by any conditions that may be imposed by the Court.