HANIF IQBALBHAI RADHANPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties though video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ( Cr.P.C .), the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11198042200930 of 2020 registered with Palitana Town Police Station, District Bhavnagar for the offences under Sections 323 , 324 , 326 , 504 , 506(2) and 114 of the Indian Penal Code, 1860 and under Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He has submitted that the co-accused Hasanbhai Rahemanbhai Radhanpara has been enlarged on bail under the provisions of Section 438 of the Cr.P.C. vide order dated 06.11.2020 passed in Criminal Misc. Application No.1241 of 2020 by the Sessions Court, Bhavnagar. Thus, he has submitted that on the ground of parity, the present application may be allowed. He has submitted that the present applicant was not present at the time of alleged incident. He has also submitted that the applicant has installed CCTV cameras in his shop and the CCTV footage of the said place clearly reflects that the applicant was present in his shop at the time of alleged incident.