PRABHAKAR RAMKANWAL TRIPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to liberty granted by this Court vide order dated 02.12.2020 passed in Criminal Misc. Application No.14729 of 2020, for filing fresh application after a period of three months, if there is no progress in the trial, this successive bail application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, for enlarging the applicant on regular bail in connection with FIR being I-C.R.No.44 of 2019 registered with Meghpar (Padana) Police Station, Jamnagar for offence punishable under Sections 143, 147, 148, 149, 302, 323 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act.

(2.) Heard learned Senior Counsel Mr. Sudhir I. Nanavati assisted by learned advocate Mr. Vandan Baxi for the applicant and learned APP Mr. L.B. Dabhi appearing for the respondent-State.

(3.) Learned senior advocate appearing for the applicant, at the outset pointed out that except the present applicant, all other co-accused are enlarged on bail by the concerned Court. It is further submitted that after the withdrawal of the application by the applicant on 02.12.2020, the Co-ordinate Bench of this Court enlarged co-accused Prakashkumar S/o. Krushnaji Shivdeni Upadhyay on regular bail vide order dated 25.03.2021 passed in Criminal Misc. Application No.1859 of 2021. It is submitted that role attributed to the present applicant is almost identical and thus, on the ground of parity, the present applicant may be released on bail. Learned senior advocate further submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.