UJJAVALPAL AMRENDRAPAL PAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(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.11993006230521 of 2023 registered with 'A' Division Police Station, Gandhidham, Kutch (East) for the offence punishable under Ss. -392, 397, 120(B) and 34 of the Indian Penal Code; under Sec. -135 of the Gujarat Police Act and under Sec. -25(1-b)(a) of the Arms Act.

(3.) Learned advocate appearing on behalf of the applicant submits that the present application is preferred after submission of charge-sheet. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate submitted that the FIR is filed against the unknown persons and thereafter, during the investigation, the name and specific role of present applicant-accused has come on surface and on the basis of the statement made by the co-accused before the Investigating Officer, the present applicant-accused is arrested. As per the case of the prosecution, the present applicant-accused has carried out the reiki of the area and he is the main perpetrator of the crime and he has designed the plan as well as he has informed the other accused person and organized the plan of loot. Learned advocate further submits that admittedly, the present applicant-accused has not actively participated in the commission of crime and he was not found at the place of occurrence and therefore, he has not been identified by the complainant/ witnesses during the course of TI parade. However, Rs.5,00,000.00 was recovered from custody of the present applicant-accused during the course of investigation. Except that no any other specific role is attributed to the present applicant-accused. The other co-accused, whose role is laser and/or graver than to the present applicant-accused have been enlarged on bail, therefore, considering the principle of 'law of parity', the applicant-accused, may be considered. Under the circumstances, learned advocate for the applicant prays that considering the role attributed to the applicant-accused, the applicant may be enlarged on bail on any suitable terms and conditions.