RAMESHBHAI VARSINGBHAI GANAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent - State.

(2.) The present application under Section 439 of the Code of Criminal Procedure is filed for regular bail in connection with FIR being C.R. No. I-99 of 2019 registered with Limkheda Police Station, for the offences punishable under Section 395 of the Indian Penal Code.

(3.) Mr. Vijal Desai, learned advocate for the applicant has submitted that the applicant is an innocent person, wrongly been arraigned in prosecution. The applicant is not connected with the alleged offence and on account of false implication, his case be considered for regular bail. It has further been submitted that by now the charge sheet has been filed and there is no likelihood of misuse of liberty in any case. On the contrary, by false implication in three more offences by transfer warrant, the applicant is involved in commission of crime. The learned advocate for the applicant has further submitted that in one of the complaint being C.R. No. 121 of 2019, lodged before Limkheda Police Station, on the similar line, the applicant's case has been considered and granted regular bail on suitable conditions, vide order dated 23.07.2020 passed in Criminal Misc. Application No. 8926 of 2020. It has further been submitted that apart from that, even if take as it is, recovery of only to the extent of Rs.600/- by way of cash and nothing beyond that. On the contrary, only with a view to indicate that the applicant is having past instances, he is wrongly arraigned in three offences by transfer warrant. Hence, by imposing terms and conditions, he may be enlarged on bail.