HARDIKBHAI UKABHAI BADH 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 C.R.No.11213006230269 of 2023 registered with the Bhayavadar Police Station, Rajkot Rural of the offence punishable under Ss. 326, 325, 506, 397 and 114 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that applicant has been arrested on 14/8/2023. Initially the complaint was registered under Ss. 326, 325, 506 and 114 of IPC and Sec. 135 of the Gujarat Police Act. Thereafter, an application was tendered by the investigating officer to add Sec. 397 of the IPC. Except Sec. 397, rest of the offences are magistrate triable and considering the gravity of offence and charge levelled against the applicant, he may be enlarged on bail.

(3.) Learned APP Mr. Hardik Soni appearing on behalf of the respondent-State has opposed grant of regular bail with vehemence and submitted that the applicant accused has inflicted blow on the vital part of the body of the injured and immediately on the very next day, the complaint has been registered. Subsequently, the investigating officer has also preferred an application to add Sec. 397 of the Code which was eventually considered. Considering the totality of the facts of the matter, it is a fit case wherein discretionary powers may not be exercised in favour of the applicant.