BHAGWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.J.K.Shah, learned APP, waives service of notice of Rule on behalf of respondent - State.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the I-C.R.No.5 of 2020 (11196039200025 of 2020) registered with Nandeshri Police Station, Dist.-Vadodara of the offence punishable under Sections 379 , 427 , 308 , 120(B) and 114 of the Indian Penal Code.

(3.) Mr.M.M.Shaikh, learned advocate for the applicant, has submitted that the main complaint is registered with respect to two co-accused as is reflecting in the FIR attached to this application on page-1 onward. There is no specific role attributed to the present applicant and in fact, the applicant is not named in the FIR, as well. It has further been submitted that there are other co-accused persons, 7 in numbers practically, have been released on bail by the Sessions Court. As a result of this, on the ground of principle of parity as well, a request may be considered. For pointing out this, one order is already drawn attention of this Court which is attached to the application on page-6. Additionally, it has been pointed out that from the assertion contained in the affidavit of Investigating Officer reflecting on page-17 of the compilation, specific role has been attributed to one another co-accused Jayesh @ Raju Khushalbhai Makwana and another co- accused - Ashok Jain. Further, it has been pointed out that said co-accused - Jayesh @ Raju Khushalbhai Makwana has already been released on bail by virtue of an order which is placed on record on page-20 of this application. Accordingly, there is no major role at all been attributed to the present applicant and considering this overall situation, the request of regular bail be considered, in the interest of justice.