DILIPBHAI HARILAL PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11993003201647 of 2020 registered with Anjar Police Station, District : Kutch (East), Gandhidham for the offences under Section 306 of the Indian Penal Code and under Sections 33(2), 5, 42-A and 42-D of the Gujarat Money Lenders Act.

(3.) Mr. Jay Thakkar, learned advocate appearing for the applicant, submits that investigation is over and charge sheet filed and formality of filing of charge is remaining. He submits that no specific role is attributed to the applicant. He further submits that even in the details of calls, the name of the applicant is not appearing. He submits that only on the basis of chit allegedly written by the deceased containing the names of the money lenders including the applicant, the applicant is implicated in the impugned FIR. He submits that so far as the applicant is concerned, the ingredients of Section 107 of the IPC are not attracted. He, therefore, urges that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.