LAWS(GJH)-2023-6-1166

DIPAK Vs. STATE OF GUJARAT

Decided On June 23, 2023
Dipak Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

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

(2.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with FIR being C.R. No.11191045221156 of 2022 registered with Sola High Court Police Station, Dist. Ahmedabad City, for the offences punishable under Ss. 392 and 114 of the Indian Penal Code read with Sec. 135(1) of the Gujarat Police Act.

(3.) It is the submission of learned counsel for the applicant that the applicant is in judicial custody since 19/12/2022. He submitted that the applicant has been falsely implicated in the alleged offence as pursuant to the transfer warrant, he has been apprehended, without any evidence suggesting his involvement in the offence. He further submitted that in another offence registered with Sola Police Station, Ahmedabad, the applicant was granted bail by this Court subject to heavy condition. In these circumstances, he submitted that the case is made out to exercise discretion in favour of the applicant. He further submitted that considering the role attributed to the present applicant, the applicant may be enlarged on regular bail on any terms and conditions.