NARESHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Nisha Thakor, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent - State.

(2.) The present application, has been filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection with the FIR being I CR No.48 of 2019 registered with Bagodara Police Station, Ahmedabad Rural for the offence punishable under Sections 302 , 307 , 147 , 148 , 149 , 323 , 324 , 504 , 506(2) and 120B of the Indian Penal Code.

(3.) 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. It is submitted that initially the applicant was not named in the First Information Report, but it is subsequently after the cross complaint filed by the applicant that the name of the applicant came to be added and the same is nothing but an afterthought theory. It is submitted that the co-accused who have attributed major role in inflicting the injury, have been granted bail by the coordinate bench of this Court. In support of the said contention, reliance is placed on the order dated 11.6.2020 passed by this Court in Criminal Misc. Application No.4232 of 2020. It is submitted that another co-accused namely, Bachubhai Laghrabhai Bharwad has also been released on regular bail by this Court vide order dated 18.6.2020 passed in Criminal Misc. Application No.8297 of 2020. It is submitted that in the first instance, the role of the applicant is not a major role and that there is nothing on record to suggest that owing to the injury inflicted by the applicant, the deceased succumbed to death. It is submitted that the Investigating Officer has filed an affidavit before the learned trial Court in the proceedings on the basis whereof the learned trial Court has passed order dated 4.2.2020. A bare perusal of the said order clearly suggests that there is hardly any injury being caused at the instance of the present applicant.