DEVUBHAI LILABHAI KARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.121 of 2018 registered with Khambhaliya Police Station for offences under Sections 302 , 143 , 147 , 148 and 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) 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. It is submitted that charge sheet is filed and three co-accused have been enlarged on regular bail. The trial has come to a standstill since December 2019 on account of pregnancy of the complainant herself and thereafter, the trial has proceeded only to record deposition of Doctors and thereafter once again, on account of pandemic, trial is not proceeded. It is submitted that though the applicant is alleged to have been armed with knife, however, the FSL report indicates bloodstains only on knife, attributed to another accused and so fas as use of axe by the applicant in giving fatal blow is not substantiated by any evidence. It is submitted that the version of the eyewitnesses is also inconsistent and therefore, cannot be relied upon to accept the role of the applicant.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that earlier, the applicant had filed Criminal Misc.Application No.18994 of 2019, which was argued on merits and then withdrawn and in the order, no liberty is reserved for moving the present application. It is submitted that there is no subsequent development to reconsider the case of the applicant. It is submitted that the trial is continuing and witnesses have been examined and it is only on account of recent pandemic that the trial is stalled. Therefore, this will not give rise to a fresh ground for bail.