JOTIBHAI TERSINGBHAI DAMOR 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 FIR being C.R.No.I-4 of 2019 registered with Dhoraji Police Station, Rajkot for offence under Sections 394 , 452 of the IPC and section 135 of the Gujarat Police Act.

(2.) Heard learned counsel for the applicant and the learned APP through Video Conferencing.

(3.) Learned Advocate for the applicant submits that the applicant is in jail since 01.05.2019 that is for more than a year. It is further submitted that the applicant has been falsely implicated. It is also submitted that the co-accused having similar role and from whom also recovery was shown has since been granted bail vide order at Annexure-B. It is also submitted that out of three other cases registered against the applicant, in two cases the applicant has already been acquitted. Shri Dagli, learned counsel for the applicant has also stated that he assures that his client after being released on bail will not indulge into similar offence. He also states that in case the applicant indulges in similar activities in future then his case may not be considered for bail. 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.