SURESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application, the applicant has prayed for enlarging him on bail under Sec. 439 of Criminal Procedure Code in connection with FIR being C.R. No.11184012220221 of 2022 dtd. 24/3/2022 registered with Zoz Police Station, District : Chhota Udepur for the offence punishable under Sec. 307 , 114 , 143 , 144 , 148 , 149 , 120(B) of Indian Penal Code and under Sec. 25 (1-b)(a) of Arms Act and under Sec. 135 of Gujarat Police Act.

(2.) Earlier the applicant had preferred an application for regular bail being Criminal Misc. Application No.12701 of 2022 which was withdrawn by the applicant vide order dtd. 6/10/2022 as after registration of FIR some more Sec. were added and therefore, with a view to file fresh application before Sessions Court, the aforesaid application was withdrawn and thereafter, this is the first application whereby the applicant is seeking enlargement on regular bail.

(3.) Learned advocate Mr. Ashish M. Dagli appearing for the applicant submitted that though the offence under Sec. 307 of the Indian Penal Code and subsequently, Sec. 397 of Indian Penal Code also was added. However, considering the fact that the police personal himself is the complainant, the aforesaid Sec. has wrongly been inserted into FIR just with a view to make the offence looked much more grave then what it actually is.