JIGNESHBHAI AMRUTBHAI GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of rule for the respondent- State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for short "CrPC") for regular bail in connection with FIR being C.R. No.11210065240524 of 2024 registered with Uttran Police Station, Surat City for the offences punishable under Ss. 304, 304(A), 279, 337, 338 and 427 of the Indian Penal Code, 1860 and Sec. 177 and 184 of the Motor Vehicles Act.

(3.) Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Initially the complaint was lodged for the offences punishable under Ss. 304(A), 279, 337, 338 and 427 of the IPC and Sec. 177 and 184 of the Motor Vehicles Act and subsequently report for addition of sec. 304 of the IPC came to be filed at the instance of Investigating Officer. The allegation against the applicant is that while driving the vehicle the applicant got a sudden nap due to which he instead of applying brake pressed the accelerator and lost control over the vehicle and accident occurred. However, investigation is over and charge-sheet is filed and now nothing is required to be recovered or discovered. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.