DABHI (NADODA) MAHADEVBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I-51 of 2019 registered with Sami Police Station, District Patan , for the offences under Sections 143, 147, 148, 149, 307, 326, 324, 323, 332, 333, 337, 427, 504, 294(KH) and 34 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He has further submitted that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He has also submitted that the applicant was neither present at the place of incident nor any role has been attributed to the applicant insofar as stone pelting is concerned. He has submitted that there is no criminal antecedents against the present applicant. He has further submitted that the co-accused, Somabhai Devabhai Nadoda (Kher), who has been attributed more grievous role than the present applicant, has been released on anticipatory bail vide order dated 07.05.2021 in passed by the Coordinate bench in Criminal Misc. Application No. 647 of 2021. Thus, after the application being Criminal Misc. Application No.4795 of 2020 was withdrawn vide order dated 09.03.2020 by the present applicant, the co-accused has been released by the Coordinate bench of this Court. Hence, he has submitted that on the ground of parity, the present application may be allowed.