RAMABHAI DEVABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No. 11209040210895 of 2021 registered with Poshina Police Station, Dist. Sabarkantha, for the offences punishable under Ss. 302, 143 and 149 of the IPC.

(2.) The brief facts giving rise to fling of present application are that:

(3.) Ms. Meena Vyas, learned advocate for the applicants submitted that, there is a delay of 102 days in lodging the FIR which fact itself shows that the applicants have been falsely implicated in the alleged offence. It is submitted that, pursuant to registration of case of accidental death, the so called eye witnesses did not have disclosed the facts of the incident and after delay of 102 days, without any satisfactory explanation, they have involved the present applicants at the instance of the complainant party. In such circumstances, learned advocate for the applicants submitted that, the applicants are in custody since 3/12/2021 and trial has yet to commence and therefore, she prays that discretion may kindly be exercised enlarging the applicants on bail.