MAHAMMAD IBRAHIM MOBHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Y. J. Patel 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 him on regular bail in connection with F.I.R. No.11203038201264 of 2020 with Mangrol Police Station, District:- Junagadh, for the offences punishable under Sections 302, 201 and 506(2) of Indian Penal Code dated 22.07.2020.

(3.) Learned Advocate Shri Patel for the applicant submits that the applicant has been arraigned as an accused on the basis of statement of Farjanaben, w/o. Irfanbhai Mahida and whereas said statement given by said Farjanaben on 22.07.2020, whereas the deceased is stated to have gone missing on 16.07.2020. Learned Advocate further submits that charge-sheet had filed by the Investigating Officer on 09.11.2020 and whereas except the statement of said Farjanaben, there is no other material in the charge-sheet linking the present applicant to the crime in question. He further submits that as far as said witness Farjanaben is concerned, she alleges that the deceased had lent money to the present applicant and whereas upon the deceased asking money from the present applicant, the applicant had done to her death and whereas the applicant has confessed the same before the said Farjanaben. In view of same, learned Advocate submits that since there is no other material gathered during investigation except the statement of said Farjanaben, the applicant may be enlarged on bail by this Court.