SAMIRKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates appearing on both sides through video conferencing.

(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.I-78 of 2019 registered with Lalgate Police Station, District:Surat for the offences under Sections 302 , 307 , 324 , 143 , 147 , 148 , 149 , 34 , 452 , 427 , 449 and 504 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act.

(3.) Ms.Dharitri Pancholi, learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. She submitted that earlier application was withdrawn as there are five antecedents against the applicant, however, she has received information according to which, out of these five cases, in two cases, the applicant has been acquitted and in rest of the cases, he has been released on bail. While referring to the material placed on record, she submitted that the complainant has also filed an affidavit in support of the applicant. She further submitted that any stringent conditions, including the condition of not entering Surat City till recording of evidence of the complainant as well as injured witnesses, may be imposed upon applicant while releasing him on bail and the applicant will abide by all such conditions.