BHAVESHBHAI @ BAVLO NARSHI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 439 of the Code of Criminal Procedure for seeking REGULAR BAIL, in connection with the FIR, being C.R. No.I-19 of 2019 registered with Dungar Police Station, Amreli for the offences punishable under Sections 302 , 201 , 120(B) , 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned advocate Mr. Jigar Jadhavi appearing on behalf of the applicant has submitted that in this case, charge-sheet has already been filed long back and the applicant is languishing in jail though he is not directly connected with the incident in question. It has further been submitted that the entire episode had taken place at the instance of another co-accused Pravinbhai, whose wife had illicit relation, and for which the applicant has no personnel connection with the main crime. Additionally, it has been pointed out that there is no direct evidence nor any eye witness of the incident in question except one statement of a young boy Kanubhai, who is whether trustworthy or not, is not possible to be assumed at this stage. Apart from that, it has further been submitted that co-accused person Pravinbhai, who was the main accused person as he had given two blows on the head of the deceased, is already enlarged on bail and as such, the role of the present applicant is on the contrary less in comparison to this co-accused person. Even if the allegations are to be taken as it is, then also, the present applicant is alleged to have given one blow on the head and except this, there is no personal animosity with the deceased at all. To substantiate these submissions, learned advocate has drawn the attention of this Court to various materials attached to the application, forming part of the charge-sheet, and thereby has reiterated his request.

(3.) As against the aforesaid submission, learned APP Mr. J.K. Shah has submitted that the applicant is also one of the co-accused persons of the serious offence punishable under Section 302 of the IPC and further, the allegations are such, in which it is not possible to be construed that the applicant is an innocent person. However, Mr. Shah could not withstand to the circumstance that on the basis of the similar allegations, co-accused person Pravinbhai, who is having more aggression than the present applicant, is already released on bail and has left the matter to the discretion of the Court.