NAGARJI VIRCHANDJI DHEPA (THAKOR) 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 C. R. No. 11195061200346 of 2020 registered with Dantiwada Police Station, District: Banaskantha for the offences punishable under Ss. 147, 148, 149, 302, 307, 324, 120-B, 34 and 188 of the Indian Penal Code, 1860 (herein after referred to as "the IPC") and Sec. 135 of the Gujarat Police Act.

(2.) Heard, learned advocate Mr. Tejas Satta with learned advocate Mr. Popatji Solanki for the applicant and learned APP Ms. Jirga Jhaveri for the respondent - State as well as learned advocate Mr. Pravin Gondaliya for the original complainant. Submissions of the Parties:

(3.) The learned advocate for the applicant - accused submitted that this is the successive bail application after withdrawing the earlier bail application vide order dtd. 23/4/2021, passed in Criminal Misc. Application No. 14362 of 2020 by the Coordinate Bench as pending the said application, charge-sheet came to be filed. 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, however, the ingredients of the said offences have not been satisfied against the present applicant. Further, he submitted that original accused No. 5 namely Dashrathji Hariji Dhepa (Thakor) has been enlarged on bail by the Coordinate Bench vide order dtd. 21/1/2021 passed in Criminal Misc. Application No. 14432 of 2020, wherein, it is observed that , "considering the fact that the witnesses have attributed iron pipe to two accused persons Kanaji and present applicant, however, during the course of investigation only one iron pipe has been recovered under the joint discovery panchnama" and accordingly, he sought parity.