SHAILESHBHAI ASHOKBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Ankur Oza for the applicant and learned APP Ms. Moxa Thakkar 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.11197006200740 of 2020 with Bhadarva Police Station, District:- Vadodara Rural, for the offences punishable under Sections 384, 389, 392 and 120B of the Indian Penal Code.

(3.) Learned Advocate Mr. Ankur Oza for the applicant submits that while the allegations in the complaint pertains to the applicant having taken objectionable photos and video of the complaint but though charge-sheet is filed no such material is shown to have been recovered from the applicant. He further submits that except for the offence punishable under Section 384 all other offences are triable by Magistrate. He further draws attention of this Court to the statement of the complainant wherein the complainant states that while he had been assaulted, but such assault was not of such nature which required any medical treatment. He further submits that the applicant is in custody since 21.07.2020 and whereas he is not involved in any such criminal activity herein before. He further submits that since charge-sheet is filed, therefore the applicant may be released on regular bail by this Court after imposing suitable conditions.