(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.11198015210135 of 2021 registered with Bortalav Police Station, Dist. Bhavnagar, for the offences punishable under Ss. 302, 324, 323, 504, 114 and 34 of the IPC and Sec. 135 of the Gujarat Police Act.
(2.) It is the submission of Mr. Pravin Gondaliya, learned counsel for the applicant that the applicant is suffering confinement since 26/1/2021 and charge-sheet has already been filed. It is stated that the applicant is not having any past antecedents of like nature. Hence, further detention of the applicant is unwarranted.
(3.) Mr. Manan Maheta, learned APP opposing the bail application submitted that at the relevant time, the mental state of mind of the complainant was not stable and on the very next day, he has clarified about the role of the present applicant in the alleged offence and therefore, at this stage, the veracity pointed out by learned advocate for the applicant cannot be looked into as it is the subject matter of trial. In such circumstances, learned APP prays that considering the evidence against the present applicant and nature and gravity of accusation, present application deserves to be dismissed.