HANIF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Nirad Buch, learned advocate for the applicant and Ms. Moxa Thakkar, learned APP for the respondent State through Video ?conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No. 11217036200331 registered with Varahi Police Station, Patan for the offences punishable under Sections 407 , 408 , 120(B) , 465 , 201 , 114 of the Indian Penal Code.

(3.) Learned advocate appearing for the applicant submits that in view of the report filed by the Police Authority, it clearly transpires that the role of the other accused have been described in the said report wherein the role of the present applicant is keepint 100 bags and he has sold the remaining bags with the help of Rafik Mamad Lakha. He has further submitted that so far as the criminal antecedent the same is of the year 2010 and there is no material placed on record to show that the accused mis ?used his liberty by committing any breach of any condition in that matter. He has further submitted that considering the report of the Investigating officer, the role which can be attributed to the present applicant is regarding his keeping the stolen property. While referring to the role of various accused, learned advocate for the applicant has submitted that after filing of the complaint, the accused has been arrested on 28.7.2020 and he is in jail since then. He has also submitted that the investigation is virtually over and there is no need of custodial interrogation and the ground stated by the Police Authority that the main accused is absconding, is not a ground for denying the bail to the present applicant. He has further submitted that this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.