(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.11189005231583/2023 registered with the Morbi Taluka Police Station, Morbi for the offence punishable under Ss. 394, 120(B), 34 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 17/8/2023, for which, the FIR has been lodged on the very same day i.e. on 17/8/2023 and the applicant has been arrested in connection with the same on 17/8/2023 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 per the case of the prosecution, there is a loot of Rs.45,000.00 at the time of commission of offence, however, considering the nature of the offence and the role played by the applicant at the time of commission of crime, the applicant may be enlarged on regular bail by imposing suitable conditions.