SOMABHAI BHEMABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Maithili Mehta, learned APP waives service of notice of Rule on behalf of the respondent.

(2.) The present application is preferred by the applicant under Section 439 of Cr.P.C. for being enlarged on bail in connection with C.R. No. I-100/2018 registered with Devgadh Bariya Police Station, Dahod for the offence punishable under Section 323 , 376 (2-L), 114 of the Indian Penal Code .

(3.) Mr. Patel, learned advocate for the applicant vehemently submitted that there is no evidence to connect the applicant with the commission of the offence. He submitted that the applicant is not named in the FIR and only on the basis of the statement of original complainant, the applicant is implicated in the present case without conducting test identification parade. He submits that charge-sheet has already been filed in the present case, and therefore, there is no possibility of tampering with the evidence or the witness of the prosecution. He, therefore, urged that the applicant may be released on bail on appropriate terms and conditions.