JABIR KHAN 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 application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R.No.11206023240024 of 2024 registered with Kheralu Police Station, District Mehsana, for the offence punishable under Ss. 307, 323, 332, 337, 506(2), 120(B), 427, 153(a), 338, 325, 143, 147, 148 and 149 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate Mr. Dagli 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 applicant has been arrested on 28/7/2024 and since then he is in judicial custody. He further submits that FIR is filed against total 32 persons, wherein, name of the present applicant is not mentioned. Applicant has been arraigned as an accused on the basis of the statement of the co- accused. Learned advocate Mr. Dagli further submits that bail application of the applicant has not been considered by the learned Trial Court solely on the count that another offence is registered against the applicant. He further submits that the co-accused with identical role have been considered by the learned Trial Court. Thus, on the ground of principle of law of parity, applicant may be enlarged on bail.