RAMU YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed by the applicant - accused under Sec. 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being I-C. R. No. 84 of 2016 registered with Kadodara GIDC Police Station, District: Surat (Rural) for the offences punishable under Ss. 302 , 307 , 407 , 120-B and 114 of the Indian Penal Code, 1860 ( IPC ) and Ss. 65(A), 66(1)(b), 68, 81 and 83 of the Gujarat Prohibition Act, 1949.

(2.) Heard learned advocate Mr. Suraj Shukla for the applicant and learned Additional Public Prosecutor Ms. Shruti Pathak for the respondent - State. Submissions of the Parties:

(3.) The learned advocate for the applicant - accused has submitted that this is successive bail application after withdrawal of earlier bail application. He submitted that the applicant - accused is an innocent person and falsely implicated in the offence in question. It is submitted that in the present case, the applicant is charged with the aforesaid offences under the IPC and Prohibition Act , however, the ingredients of the said offences have not been satisfied. It is further submitted that the co-accused have been enlarged on regular bail by the Coordinate Bench vide orders dtd. 28/12/2018 and 26/7/2017 respectively passed in Criminal Misc. Application Nos. 23247 of 2018 and 8751 of 2017 and accordingly, on the ground of parity, the applicant is required to be enlarged on bail. He submitted that the investigation is over and the charge sheet is already filed and accordingly, there is no possibility of tampering and hampering with the evidence.