SHRIMALI KIRTIKUMAR ISHWARLAL Vs. STATE OF GUJARAT

JUDGEMENT

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

(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.11206043240043 of 2024 registered with the Mehsana Taluka Police Station, Mehsana of the offence punishable under Ss. 153A, 294(a), 295A, 504, 505(1)(b) and 506(2) of the IPC.

(3.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 24/1/2024 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation is underway and charge-sheet is yet to be filed. It is submitted that the allegations levelled against the applicant-accused are that he has uttered profanities against a very respected and noble leader of one particular community. Except that, no other allegations have been levelled against the applicant-accused. Learned advocate for the applicant has submitted that all the offences are exclusively triable by the court of Magistrate. It is further submitted that the maximum punishment prescribed under the said provision is upto three years. It is also submitted that the applicant-accused does not have any past antecedents. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.