NISARG DILIPBHAI PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Popat for the applicant and learned P.P. Mr. Aminfor the respondent - State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. A/11215001200075/2020 with Anand Rural Police Station for the offences punishable under Sections 406 , 420 , 120(B) and 506 of the IPC.

(3.) Learned advocate for the applicant states at bar that no any past antecedent is registered against present applicant of identical nature except present FIR, it appears that substantial investigation is over, the alleged offence do not provide punishment either life imprisonment or capital punishment so as to flee from justice our of fear of conviction, the applicant has deep root in the society, the offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law and therefore, present Criminal Misc. Application deserves consideration.