ABHAY PRATAPSINH AMAR BAHADURSINGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I-C.R. No.256 of 2019 registered with Bharuch City Police Station for offence punishable under sections 379, 467, 468, 471 r/w 114 of IPC and Sections 66(B)(C)(D) of the Information Technologies Act, 2000.

(2.) Mr.Darshit R. Brahmbhatt, learned advocate for the applicants, has submitted that the applicants are innocent persons and wrongly been arraigned in the prosecution. It has been further submitted that the Investigation is already over and the charge-sheet has been filed against all the accused persons. But looking to the present pandemic situation, the trial is not likely to be over within a short time. Hence, a request is made to release the applicants on regular bail. It has further been contended that though there are criminal antecedents of these applicants, the applicants had been granted regular bail and, therefore, said antecedent aspect is insignificant while considering the present bail application.

(3.) As against this, Mr.J.K.Shah, learned Additional Public Prosecutor, has submitted that the applicants are not innocent persons at all. On the contrary, they have committed a serious crime and further, there is a systematic design of these very applicants, who are out in the society to commit such kind of crime and these applicants are having similar kind of antecedents and, therefore also, they cannot be said to be the persons in whose favour any discretion deserves to be exercised.