GUPTA SUDHIRBHAI RAMNARESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the First Information Report being CR No.11206043201586 of 2020 registered with Mehsana Taluka Police Station for the offences punishable under Sections 399 , 400 , 402 , 34 , 503 and 120B of the Indian Penal Code.

(2.) Heard Mr. Hardik A. Dave, learned advocate for the applicant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent State, through video conference.

(3.) Learned advocate for the applicant submitted that the applicant has been implicated in the alleged offence merely on the basis of the statement of the co-accused. It is submitted that as is discernible, the offence is only of preparation and has not yet been committed. It is also submitted that the applicant is not part of the preparation of the offence as per the case of the prosecution itself inasmuch as, the accused, who had prepared to commit the alleged offence, are arrested. As aforesaid, the allegations against the applicant is only on the basis of the statement of the co-accused. It is also submitted that the accused named in the First Information Report, have not named the applicant.