SURESH RAMESHBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.11210045201377 of 2020 with Pandesara Police Station, Surat City, District Surat for the offences punishable under Sections 143 , 144 , 147 , 148 , 149 , 302 , 307 , 323 , 324 , 325 , 435 of the Indian Penal Code, 1860 ( IPC ) and under Section 135 (1) of the Gujarat Police Act.

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has further submitted that the applicant has been arrested on 04.06.2020 and has been incarcerated since then. He has also submitted that the applicant is not even named in the FIR. He has further submitted that after investigation it is found that accused No.1-Partik was falsely implicated in the FIR and accordingly, a summary has been filed against him. He has submitted that there is no specific role attributed to the present applicant nor it is the case of the complainant that the applicant was armed with any weapon. He has submitted that even in the charge-sheet, there is no mention that the applicant was present with particular weapon or had inflicted any fatal injury to the complainant or the deceased.