ARJUNSINH SHATRUGHANSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is preferred by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 ('the Code' for short) for enlarging the applicant on regular bail in connection with C.R.No.I-26 of 2019 registered with Gandhigram Police Station, Rajkot.

(2.) Learned advocate Mr.Joshi appearing for the applicant, at the outset, submitted that the applicant had earlier filed application under Sec. 439 of the Code before this Court being Criminal Miscellaneous Application No.24187 of 2019, however, when this Court was not inclined to entertain the said application, the applicant had withdrawn the said application. Hence, it was disposed off vide order dtd. 11/2/2020. Learned advocate submitted that though this Court has not granted liberty to file fresh application, as the applicant is in jail since 11/4/2019, this application is filed by the present applicant.

(3.) Learned advocate for the applicant has mainly submitted that there is no material in the papers of the chargesheet against the present applicant though his name is reflected in the FIR as accused no.1. It is submitted that the complainant has given the name of the present applicant on the basis of the information given by one of the witnesses. It is further submitted that though the identification parade was conducted on 18/4/2019 before the Executive Magistrate and the concerned witnesses have identified the present applicant, it is pertinent to note that the photographs of the applicant and other accused were published in the newspaper and therefore this Court may not consider the said test identification parade. It is further submitted that in the dying declaration of witness Abhilav, he had not given the name of the present applicant and there is no discovery of the weapon and therefore when there is no material against the applicant in the papers of the chargesheet, he may be enlarged on bail. It is further submitted that the applicant was arrested on 11/4/2019 and trial is yet not commenced and therefore on the ground of delay in trial, the applicant be enlarged on bail.