BACHUBHAI LAGHRABHAI BHARWAD 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 the I-C.R.No.48 of 2019 registered with Bagodara Police Station, Ahmedabad Rural of the offence punishable under Sections 302 , 307 , 143 , 147 , 148 , 149 , 323 , 324 , 504 , 506(2) of the Indian Penal Code.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of allegations and the averments contained therein, by imposing suitable conditions, the applicant's case may be considered for release on regular bail. It has been submitted that there is no history of present applicant and in the absence of any criminal antecedents, the relief as prayed for be granted. It has been clarified specifically in the memo of application in Para.11 that the Investigating Officer, who mentioned that there are six antecedents against Bachubhai but, in fact, the present applicant is Bachubhai Laghrabhai Bharward and not Bachubhai Karshanbhai and as such, considering this confusion, it appears that the learned trial Judge has not exercised the discretion. In view of the averments made in the complaint, looking to the fact that no major role of the applicant, he may be enlarged on regular bail by imposing suitable conditions.

(3.) As against this, Mr.J.K.Shah, learned APP, has telephonic instructions from Shri N.P.Chauhan, PSI, Bagodara Police Station, that the present applicant who is Bachubhai Laghrabhai Bharward, has no criminal antecedent and those criminal antecedents which are referred to, are with respect to Bachubhai Karshanbhai and also confirmed the aforesaid stand of the learned advocate for the applicant. Learned APP could not resist the principle of parity claimed by the applicant, particularly when an order is passed by the coordinate bench on 11.6.2020. After submitting the general submissions that this offence is a serious offence, the matter is left it to the discretion of the Court. Lastly, it has been submitted that if the Court is inclined to enlarge the applicant on bail, then some suitable conditions be imposed upon, as has been imposed in an order passed by the coordinate bench.