CHANDRESHKUMAR RAMJIBHAI LIMBAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Dave for the applicant and learned Additional Public Prosecutor Ms.Mehta for the respondent - State.

(2.) By this successive bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11188003210168 of 2021 registered with Bhiloda Police Station, Dist.Arvalli for offences punishable under Ss. 302 and 120(B) of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate Mr.Darshan Dave for the applicant draws attention of this Court that earlier bail application preferred by the applicant being Criminal Miscellaneous Application No.22686 of 2021 was withdrawn by the applicant on 17/3/2022 i.e. exactly before one year. He further points out that applicant is behind the bar since 28/4/2021 i.e. almost for two years. He states that present applicant has been arrested on the basis of circumstantial evidence and though the trial is going on, out of 32 witnesses only 17 witnesses are examined and 15 witnesses are yet to be examined and, therefore, trial is likely to go on for longer time. He also submits that in absence of there being any direct evidence against the present applicant as well as considering the fact that the present applicant is behind the bar since two years only on the basis of circumstantial evidence, he may be enlarged on bail by imposing suitable terms and conditions.