METHABHAI DOLABHAI GAMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Dipen Chaudhari for the applicant and learned APP Ms. M.D. Mehta for the respondent-State.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released on regular bail in connection with F.I.R. registered as C.R. No.I- 16 of 2018 with Hadad Police Station, District Banaskantha, for the offences punishable under Sections 395, 143, 147, 148, 149, 447, 427, 506(2) and 120(B) of the Indian Penal Code.

(3.) Learned Advocate Mr.Dipen Chaudhari for the applicant has taken this Court through the criminal complaint where the role attributed to the present applicant is that he was having a sword in his hand and whereas there are allegations of the mob having entered into the various houses in the village of the complainant and having looted household articles and caused the loss etc., but no specific role has been attributed to the present applicant beyond holding sword. Learned Advocate also takes this Court to the affidavit filed by the Investigating Officer wherein also apart from describing the alleged incident no specific role has been attributed to the present applicant. Learned Advocate also takes this Court to the charge-sheet where the incident in question is described in brief where the accused are shown to be holding sword, but as stated hereinabove while there are allegations of looting household articles, but no specific role has been attributed to the present applicant. Learned Advocate has also relied upon the order of the Co-ordinate Bench of this Court (Coram : Dr. Ashokkumar C. Joshi, J) dated 03.12.2020 in Criminal Misc. Application No. 18193 of 2020, whereby the co-accused of the complaint has been released on regular bail. He draws attention of this Court to the order dated 11.01.2021 passed by the learned 6th Additional District Judge, Banaskantha at Palanpur whereby the co-accused Saibabhai Nanabhai Gamar (Solanki) against whom the allegation was as similar as the present applicant of holding a sword had been released on regular bail by the said learned Sessions Court. Learned Advocate further submits that the applicant is permanent resident of village Kesharpura, Hadad, Taluka Danta, District Banaskantha and he would be available for the trial and whereas he would not abscond. Thus submitting, he prays that the applicant may be released on regular bail.