NITIN KHODABHAI BHALANI (KOLI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule for and on behalf of respondent - State.

(2.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No.11993010230348 of 2023 registered with Rapar Police Station, Kachchh East Gandhidham, for the offence punishable under Ss. 307, 397, 294(b), 120B and 34 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate Mr. Nayi 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. He further submits that present application is successive application and earlier application was withdrawn with a liberty to prefer fresh application after the submission of charge-sheet. He further submits that applicant has been arrested on 1/12/2023 and since then he is in judicial custody. It is further submitted that investigation is already concluded and present application is filed after submission of charge-sheet. He further submits that FIR is filed against two unknown persons. Thereafter, during the course of investigation names of other persons have come on surface and charge-sheet came to be filed against total six accused. He further submits that it is an admitted position of fact that present applicant was not found available at the place of occurrence at the time of incident. The bail applications of other two co-accused persons, who had actively participated in commission of crime and identified in T.I. Parade, have not been entertained by this Court, whereas, two co- accused persons, who were instrumental and supporting other co-accused persons have already been enlarged on bail. It is the specific case of the prosecution that during the course of investigation, recovery of Rs.2,25,000.00 was made from the present applicant. He further submits that total 44 witnesses have been cited in the charge-sheet and yet charge is not framed against the accused persons and it would take considerably long time to conclude the trial. He further submits that considering the period of incarceration spent by the applicant in judicial custody, he may be enlarged on bail.