JIGAR 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 regularbailinconnectionwith C.R.No.11204046230584 of 2023 registered with Nadiad Town Police Station, District Kheda for the offence punishable under Ss. 394 and 120(B) of the Indian Penal Code and under Ss. 25(1)(1-a) of the Arms Act and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate 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. It is submitted that applicant has been arrested on 11/9/2023 and since then he is in judicial custody. The investigation is already concluded and after submission of charge-sheet, present application is preferred. Learned advocate Mr. Hriday Buch for the applicant further submits that the story put forward by the prosecution is concocted and it does not inspire any confidence. Moreover, there is no recovery of any firearm though there is allegation of usage of firearm. It is also submitted that even the statements of any independent witnesses such as security personnel and/or neighbours of Pramukh Vandna Flat where the complainant is alleged to have been taken by the applicant accused have not been recorded by the investigating officer in corroboration to the story put forward by the prosecution. There is no recovery or discovery of any alleged articles looted by the accused persons at the instance of the present applicant accused. Thus, considering the aforesaid factual aspects, applicant may be enlarged on bail.