RAMESH RANCHHODDAS JOSHI 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 C.R.No.11205043221038 of 2022 registered with 'B' Division Police Station, Bhuj - Kachchh for the offence punishable under Ss. 387, 389, 120B, 201 and 34 of the Indian Penal Code.

(2.) Learned Senior Advocate Mr. Yatin Oza assisted by learned advocate Mr. Anurag Rathor appearing for the applicant accused submits that the complaint has been registered on 17/10/2022. It is alleged in the complaint that the so-called incident is occurred during the period between 1/7/2022 to 17/10/2022. The applicant accused has been arrested on 18/5/2023 and since then he is in judicial custody. Learned Senior Advocate Mr. Oza further submits that the investigation is already completed and present application is preferred after submission of the charge-sheet. There is no recovery at the behest of the present applicant accused. Learned Senior Advocate Mr. Oza further submits that all the offences are exclusively triable by the Court of Magistrate and if at all, at the end of day, the charges levelled against the applicant accused are held to be proved, in that event, the maximum punishment prescribed is up to 10 years. The applicant accused is behind the bars since last more than 6 months. Considering the above stated factual aspects, bail application of the applicant may be entertained.

(3.) Learned Senior Advocate Mr. Oza further submits that the complaint is registered against total 8 accused persons. He has read the allegations levelled against the accused persons in the complaint and submitted that other co-accused persons whose role is graver than the present applicant accused and identical in nature of the present applicant accused have already been enlarged either on anticipatory bail or on regular bail by the Coordinate Bench of this Court as well as learned Sessions Court. Considering the above stated factual aspects, bail application of the applicant may be entertained.