KRISHNA MANGULU SWAIN Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210023221126/2022 registered with the Khatodara Police Station, Surat for the offence punishable under Ss. 302, 323, 143, 147, 148 and 149 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 6/11/2022 for which, the FIR has been lodged on the very same day i.e. on 6/11/2022 and the applicant has been arrested in connection with the same on 7/11/2022 and since then, he is in judicial custody. Learned advocate submitted that now the investigation is completed and after submission of the chargesheet, the present application is preferred. Learned advocate submitted that at the time of registration of the FIR, the complainant has raised suspicions towards one Sukuta Naik and his name was mentioned in the FIR, who might have committed the alleged offence. Learned advocate submitted that however at the time of filing chargesheet, six accused persons have been chargesheeted and so far as the role attributed in the papers of the chargesheet is concerned, it is alleged that the present applicant was present along with two other co- accused persons but no overt act has been shown towards the present applicant - accused. Learned advocate submitted that there is no recovery or discovery at the instance of the present applicant - accused. Learned advocate further submitted that nobody had witnessed the said incident and entire case is based upon circumstantial evidence. It is, therefore, urged that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.