NAJUBHAI REVABHAI ALGOTAR (BHARWAD) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This 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 I-C. R. No. 70 of 2019 registered with Sachin Police Station, District: Surat for the offences punishable under Ss. 302, 323, 504, 384, 143, 147, 148, 149 and 201 of the Indian Penal Code, 1860 (herein after referred to as "the IPC") and Sec. 135(1) of the Gujarat Police Act.

(2.) Heard learned advocate Ms. Mita Panchal for the applicant and learned APP Ms. Monali Bhatt for the respondent - State as also learned advocate Ms. Bhakti Joshi appearing for the original complainant.

(3.) Per contra, learned APP has vehemently argued that from the charge sheet papers, prima facie case is made out against the present applicant. Further, it is submitted that the applicant is the prime accused in the crime in question and accordingly, parity does not apply in the case on hand. Therefore, it is urged that discretion may not be exercised and ultimately, the learned APP has opposed the grant of bail looking to the nature and gravity of offence, involvement of the applicant - accused.