VIJAY BHOPABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No. 11198015221165 of 2022 with Bortalav Police Station, District : Bhavnagar, for the offences punishable under Ss. 387, 328, 506(1) and 120B of the IPC and Sec. 66(e) of the Information and Technology Act .

(3.) Learned advocate for the applicant submits that applicant is innocent person and there is no prima facie case against the applicant so as to implicate him in the alleged commission of offence and has been falsely implicated in the present case. It is submitted that if the FIR is perused, it can be seen that the incident as alleged on 25/3/2022 which alleged to have continued upto 24/8/2022 and there is delay of five months in lodging the FIR. It is also submitted that the conduct of the informant is also required to be looked into. It is also submitted that the applicant has tried to disrepute the first informant by viraling the video or there is no evidence worth the name against the present applicant to show that the applicant has even threatened the first informant and there is no recovery or discovery of material from the possession of the applicant. It is also submitted that only on the basis of the statement of the co-accused, the applicant is sought to be implicated in the alleged commission of offence. Hence, it is requested by learned advocate appearing for the applicant to allow present application by releasing the applicant on bail.