MUKESHBHAI JIVANBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with I-CR No.365 of 2019 registered with Sola High Court Police Station, Ahmedabad for offence under Ss. 489A , 489B , 489C , 489D and 114 of the Indian Penal Code. This application is the fifth application filed for regular bail. The first three applications for regular bail being Criminal Misc.Application No.23021 of 2019, Criminal Misc.Application No.17835 of 2019 and Criminal Misc.Application No.11515 of 2020 permitted to be withdrawn and disposed of by orders dtd. 28/1/2020, 13/11/2019 and 27/10/2020 respectively. Criminal Misc.Application No.11515 of 2020 was permitted to be withdrawn with a liberty to file the same if the trial does not progress satisfactorily within period of one year from the reopening of physical hearing. There after, the applicant filed fourth application for regular bail after filing of charge sheet being Criminal Misc.Application No.16876 of 2021, which also was permitted to be withdrawn by order dtd. 3/2/2022 with a liberty to file the same after a period of six months in case the trial does not conclude.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the present application is filed in view of the liberty reserved in favour of the applicant vide order dtd. 3/2/2022 in Criminal Misc.Application No.16876 of 2021.

(3.) Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.