RAHULKUMAR VISHRAMBHAI BARANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Salim M Saiyed, learned advocate for the applicant and Mr.Pranav Trivedi, learned APP for the opponent State through video conference.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Bhiloda Police Station, Arvalli district vide I ?C.R.No.82 of 2017 for the offences punishable under Sections 392 and 114 of the Indian Penal Code.

(3.) The 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. He has submitted that as per the case of the prosecution two persons came on motorcycle and snatched gold chain from the original complainant and ran away in the year 2017. However, suddenly in the year 2020 the present applicant is arrested and they are named as Nainesh and Mukesh. He has submitted that it is possible that either of these co ?accused or both may have given name of the present applicant attributing his role that the present applicant was watching the routine activities of the complainant and in turn instructing the main accused. However, it has come out only from the statement of co ?accused and there is no other evidence against the present applicant. He has also submitted that charge ?sheet has been filed and the name of the applicant has not come out during the investigation. At last he has prayed that considering all these aspects and circumstances, present application may be granted. He has also submitted that other offences may have been registered against the present applicant but he is not convicted in any offence and he is released on regular bail by the Coordinate Bench of this Court for the offencess registered against the present applicant.