BHIKHARILAL BALJIT VALMIKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Additional Public Prosecutor, Ms. Monali Bhatt waives service of notice of rule on behalf of respondent- State.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I - 135 of 2018 registered with Bavla Police Station, District : Ahmedabad Rural, for offence under Sections 302 , 396 and 342 of the Indian Penal Code.

(3.) Mr. Sanjay Prajapati, learned advocate for the applicant, submitted that, the co-accused namely Rahulkumar Bhikharilal Valmiki was granted bail in Criminal Misc. Application No.20337 of 2019 on 06.02.2020. Mr. Sanjay Prajapati further submitted that role of Rahul is rather grave than that of the present applicant. The only role attributed to the present applicant is of holding the deceased, while it was Rahul, who as per the allegations dragged the deceased and confined him in the godown. Taking such fact into consideration, Mr. Sanjay Prajapati, learned advocate for the applicant submitted that principle of parity can be invoked and the applicant on that ground may be granted bail.