YUNUS HARUNBHAI KATIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Leaned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. That, the applicant is involved in the serious offence as alleged and therefore, no leniency view would be taken in favour of the applicant while releasing him on bail. Ultimately, it was submitted by learned APP for the respondent-State to reject present application.

(3.) Having heard learned advocate for the applicant and learned APP for the respondent-State as well as papers produced on record, it appears that the investigation is over against the present applicant and charge-sheet has been filed by the investigating officer against the present applicant. Since trial will take its own time to conclude, the presence of the applicant is not required in judicial custody and therefore, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Thus, in the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, the prayer of the applicant requires consideration.