HAKUMATSINH KIRITSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No. 11993005210446 of 2021 registered with Aadesar Police Station, Dist. Kachchh (east), for the offence under Ss. 352 , 324 , 323 , 143 , 147 , 148 , 149 , 294-B and 506(2) of the IPC and sec. 135 of the G.P.Act and Ss. 25 (1-b)(a) and 27 of the Arms 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 further submits 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 submitted that the applicant was not present at the place of incident. He has submitted that the applicant is a government servant and is serving as a Police Sub-Inspector and during that time there was election of Sarpanch and hence, he was on duty at pre-decided place. He has submitted that at the time of elections, the police are given special instructions to remain present at a certain location for certain period of time and hence, he was on duty and was not present at the place of incident. He has also submitted that as per the FIR, the incident took place on 22/12/2021 at night and the FIR was lodged on 27/12/2021 and that too, no explanation for delay in registering the FIR is given.