KIRAN BHIKHABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.11213021200081 of 2020 registered with Jasdan Rural Police Station, Rajkot for offence under Sections 302, 323, 504, 506(2), 114 and 120B of the Indian Penal Code.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is innocent and falsely roped into the offence. It is submitted that the applicant is having social responsibilities as father of the applicant has expired. It is submitted that there is no evidence indicating that the applicant has inflicted fatal blow to the deceased. It is also submitted that the applicant was not having any motive, but co accused Anil Makwana was having motive and fight against the deceased. The applicant is roped into the offence as he is connected to said Anil Makwana.

(3.) Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the fatal blow is attributed to the applicant with use of knife on the vital part of body of the deceased. The case is of eyewitnesses who have narrated the incident and in fact, eyewitnesses themselves have also received injuries during assault.