RAKESH MAKHABHAI BAMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11821048200036 dated 12.02.2020 registered with Sukhsar Police Station, District: Dahod for the offences under Sections 302, 201 and 114 of the Indian Penal Code.

(2.) It is contended by the learned advocate for the petitioner that the victim was drunk and fell down in the well, but the complainant had got-up the story of throttle and thrown. It is vehemently contended that there is no mark of resistence found on the body of the victim, only one nail injury is found on the neck of the victim. It is vehemently contended that if a person is throttled before throwing in the well, then his lungs must not have any water, so it is only plaussible explanation to the fact that he was not killed as relied by the prosecution and therefore, the present applicant may be released on bail.

(3.) While opposing this application, the learned APP has contended that this is a successive bail application and previous bail application was withdrawn. In the present application, the applicant has not stated anything about the previous withdrawal, so the successive bail application is not maintainable, except there is change in circumstances. It is vehemently contended that there is no change in circumstance. Under the circumstnaces, this Court may not enter into the merits of the case.