LAWS(GJH)-2021-7-540

IMRAN BHUKHGUMIYA KADRI Vs. STATE OF GUJARAT

Decided On July 30, 2021
Imran Bhukhgumiya Kadri Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11203037200547 of 2020 registered with Manavadar Police Station, District: Junagadh for the offences punishable under Sections 327, 504, 506(2), 143, 149, 120(B), 389, 364-A and 170 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicant has submitted that in the present case, the investigation is over and chargesheet has been filed and present application has been filed after filing of the chargesheet. The applicant is young boy aged 32 years. The applicant is innocent and has not committed the alleged offence and is falsely implicated in the present offence and one another offence, both complaints came to be filed on one after another, even as per the affidavit of I.O., there is no major role of the applicant, there is no allegation against the applicant that the applicant has slapped or demanded any money. The allegation made against the applicant is that the applicant has shown his identity as "agent" or "broker", there is no recovery or discovery from the applicant, no allegation of extortion or demand is made against the present applicant. The applicant is local resident and would be available at the time of trial and there are no chances of jumping the bail. He has further submitted that co-accused has been released on bail by Co-ordinate Bench of this Court in Criminal Misc. Application No.2 of 2021 on 05.02.2021. He has submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.