SAGAR 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 the FIR being C.R. No.112060202300111 of 2023 registered with the Kadi Police Station, Mehsana of the offence punishable under Ss. 379(a)(1), 413 and 114 of the IPC.

(2.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 23/2/2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has submitted that all the offences are exclusively triable by the court of Magistrate. It is further submitted that the other co-accused have already been released on bail by the Sessions Court. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.

(3.) The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP has submitted that there are total nine past antecedents against the applicant-accused. Learned APP has submitted that considering the role attributed to the applicant-accused, this is a fit case wherein discretionary power of this Court is not required to be exercised in favour of the applicant-accused.