UMESH ASHOK TUKARAM SHIRSADE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Kishan Daiya, learned advocate for the applicant and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent - State.

(2.) By this application filed under Sec. 439 of the Code of Criminal Procedure, 1973, ("Code" for short) the applicant is seeking release on regular bail in connection with the F.I.R. being IC.R.No.62 of 2019 registered with Dindoli Police Station, District Surat punishable under Ss. 302, 323 and 114 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Mr. Daiya, learned advocate for the applicant submits that, earlier bail application preferred by the applicant was withdrawn vide order dtd. 21/10/2020 with liberty to file fresh bail application, if the trial does not commence within one year after the Courts resume physical functioning. He further submits that the co-accused i.e. Komal @ Kamlesh Mangubhai Ganpat Suryawanshi and Amul Kamlesh Suryavanshi are released on bail by co-ordinate benches of this Court. It is his further submission that the allegation against the present applicant and co-accused Amul Kamlesh Suryavanshi are same that of giving blows on thighs of the applicant by means of knife. He further submits that there is no recovery or discovery of weapon (knife) from the applicant whereas the knife was recovered from co-accused Amul Kamlesh Suryavanshi under panchnama who is released on bail by co-ordinate bench of this Court. He, therefore, urges that looking to the role of the applicant and nature of the allegations, the applicant may be enlarged on bail pending trial.