JITENDRABHAI ARJANBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AdditionalPublic Prosecutor waives service ofnotice of ruleon behalf of respondent - State.

(2.) This application is filed by the applicant - accused under Section 439 of the Code of Criminal Procedure for grant of Regular Bail in connection with I-C.R. No.68 of 2020 registered with Vankaner Police Station, District Morbifor theoffences punishable under Sections 306 , 354(C) and 114 of IPC.

(3.) Heard learned Advocate Mr.R.J.Goswamifor the applicant and Mr.Mitesh Amin, learned Public Prosecutor for the respondent No.1 - State. 4. Mr.R.J.Goswami, learned advocate for the applicant,has submitted that right from October,2019,the applicant is injail. It has further been submitted thattheco-accused having similar role, has already been enlarged on bail. So far as another accused, namely, Gauriben is concerned, she has also been released by this Court vide order dated 30.1.2020 passed in CR.MA No.1699 of 2020 and so far as other two accused i.e. accused Nos.2 and 4 are concerned, they are also the persons who have played alleged role in commission of crime, havebeen releasedby the Sessions Court in two separate application. The applicant - original accused No.3, though having identicalrole, is languishing in jail since October,2019. Learned advocate has, therefore, submitted that now since all other co-accused are released on the basis of very same material and the charge-sheet has been filed, there is no harm to the case of prosecution if the present applicant is considered for regular bail.