SHAHEZAD SHABBIRBHAI SIPAI 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.) The present bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. 11189003221265 of 2022 registered with Morbi City "A" Division Police Station, District Morbi for the offence punishable under Ss. 302 , 307 , 394 , 323 , 504 , 34 , 114 , 201 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. That, the applicant has been falsely involved in the present offence. That, the applicant has not inflicted any knife injuries to the deceased and has not given any kick and fist blow to the deceased. That, the recovery/discovery panchnama has been drawn by investigation officer in presence of the accused and there is no recovery of knife from the present applicant. That, there was a prior enmity between the deceased and the accused no.1 because deceased used to call and harass the sister of the accused no.1 and there is no intention to kill the deceased on part of the present applicant. That, investigation of the present offence has been completed and the investigating officer has filed charge sheet against the present applicant and therefore, he has requested to enlarge the applicant on regular bail.