SAHIL IMRAN MULLA Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present application, which is a successive bail application preferred after the withdrawal of earlier bail application being Criminal Misc. Application No.2165/2024 by an order dtd. 27/2/2024, is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11210005221409/2022 registered with the Athwalines Police Station, Surat for the offence punishable under Ss. 302, 307, 324, 504 and 114 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 9/10/2022, for which, the FIR has been lodged on 9/10/2022 and the applicant has been arrested in connection with the same on 10/10/2022 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 as stated above, this is a successive bail application preferred pursuant to the liberty granted by this Court because now all the eyewitnesses have been examined by the prosecution and in fact, they have not supported the case of the prosecution and have been turned hostile. It is, therefore, urged that considering the nature of the offence as also considering the incarceration period spent by the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.