BHARATBHAI PRABHATBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. The learned APP waives service of notice of rule for and on behalf of the respondent­State.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Chaklasi Police Station vide I­C.R.No. 133 of 2019 for the offences punishable under Sections 394, 120B, 504 and 506(2) of the Indian Penal Code.

(3.) The learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. He has further submitted that the role alleged to have been played by the applicant is to beat the complainant with kicks and fist. Moroever, he has submitted that as per the allegations Rs.22,000/­ has been collected from the present applicant. He has further submitted that complainant did not know the present applicant earlier. Moreover, there is no test identification parade, charge­sheet is filed and charge­sheet does not contain test identification parade, panchnama or any Executive Magistrate or Mamaltdar or Deputy Mamlatdar as witness and only two Government servants are shown as witnesses in the charge­sheet who are the police inspector as weill as medical officer. He has also submitted that after charge­sheet the present applicant has not preferred any bail application before this Court. At last, he prayed to release the applicant on regular bail.