RASULMIYA SAMADMIYA CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO.11206050230064/2023 registered with Nandasan Police Station, Mehsana for offence under Ss. 302, 506(2), 120(B) and 34 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate appearing on behalf of the applicant submits that in present case, investigation is over and charge is filed. He submitted that the only role attributed to the present applicant in the offence in question is of catching hold the deceased. The present applicant has not inflicted any fatal blow to the deceased. He also submitted that the deceased was taken to two hospitals and before each hospital, the different history as regards the incident was given. He, therefore, submitted to allow the present application and enlarge the applicant on regular bail by imposing suitable conditions.