PARESH BACHHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.I-46 of 2019 with Dumas Police Station, Surat, for the offence punishable under Sections 279 , 337 , 338 and 304 of the Indian Penal Code and under Sections 134 , 177 , 184 and 185 of Motor Vehicles Act.

(2.) Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions. The case is that the husband of the complainant had died on account of collusion between the vehicle driven by the applicant and the motor-cycle being driven by the witness and the deceased. Prima facie, case of rash and negligent driving and that to under the influence of alcohol was made out. As a result of which, FIR came to be registered.

(3.) Learned Advocate Mr. Nisarg Shah for the complainant had placed on record the Affidavit on behalf of the original complainant, wherein it is stated that the parties have arrived at amicable settlement.