MOHSIN Vs. STATE OF GUJARAT

JUDGEMENT

(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.11212023230152/2023 registered with the Godhra Railway Police Station, Panchmahal for the offence punishable under Ss. 379A(3) and 114 of the Indian Penal Code.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 2/11/2023, for which, the FIR has been lodged on 2/11/2023 and the applicant has been arrested in connection with the same on 2/11/2023 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 initially FIR has been registered against the applicant only, however during the course of investigation, names of other co-accused have come on surface, however most of those co- accused have already been considered by the concerned court. Learned advocate submitted that all theo ffences are exclusively triable by the Court of Magistrate. Learned advocate submitted that the applicant is having 7 antecedents, however, in four cases, the applicant has been acquitted by the concerned court and in three cases, the applicant is bailed out. It is, therefore, urged that considering the nature of the offence and on the ground of parity, the applicant may be enlarged on regular bail by imposing suitable conditions.