SAGAR GANESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application has been filed seeking regular bail in connection with FIR being C.R. No.11822012200004 of 2020 registered with Gandevi Police Station, District Navsari for the offence punishable under Ss. 302 , 364 , 201 , 120B , 114 , 397 , 193 , 196 of the Indian Penal Code, 1860 and Sec. 135 of the Gujarat Police Act, 1951.

(2.) Learned advocate Mr.Maulik Soni, appearing for the applicant has submitted that as on today, the trial has not progressed and the applicant may be released on bail. He has further submitted that the applicant is of 20 years of age and in fact the entire case of the prosecution depends upon the circumstantial evidence. He has submitted that the chain of events are not established and as such, the regular bail may be granted. Further, it is submitted that looking to the role of the present applicant, in the entire incident, the applicant may be released on bail. He has submitted that there is no recovery of the weapon, as per the allegations are levelled against the accused No.1. No further submission is advanced.

(3.) Per contra, learned Additional Public Prosecutor Mr.Maheta, appearing for the respondent-State has pointed out that the applicant is directly involved in the abduction and murder since he was the one who was taken the deceased on his moped and in the investigation, it reveals that the present applicant has held the legs of the deceased and thereafter, accused No.1 had inflicted knife blows. It is submitted by the learned APP that in fact earlier Criminal Misc. Application No.11828 of 2020, which was filed by the applicant, was withdrawn on 17/12/2020 and there is no change in circumstance and looking to the gravity of the offence, the applicant may not be released on bail.