RAJANSINGH BRAMHSHANKAR SINGH 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.11200019231253 of 2023 registered with the Dungri Police Station, Valsad of the offence punishable under Ss. 120(b), 34, 465, 467, 468, 470 and 471 of the IPC and Ss. 6(b), 8(2), 8(4) and 10 of the Gujarat Animal Preservation (Amendment) Act, 2011.

(3.) Learned advocate appearing for the applicant has submitted that the applicant-accused was arrested on 12/7/2023 and since then he is in jail. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate for the applicant has submitted that the impugned FIR has been lodged against total seven persons, out of which, three have been named including the applicant- accused, and other four have not been named and shown as absconding. He has further submitted that the applicant- accused was a driver of the vehicle and not the owner. It is moreso submitted that the record in the present case are quite bulky and voluminous and number of persons have been cited as witnesses, which is indicative of the fact that the trial is likely to take considerable period of time to conclude and, therefore, keeping the applicant-accused behind the bar for such an indefinite period, would be nothing but a pre-trial conviction. It is also submitted that the applicant-accused does not have any past antecedents. Moreover, considering the principles as enunciated by the Hon'ble Supreme Court in plethora of its decisions that 'jail is rule' and 'bail is exception', the present application may also be enlarged on bail. Under the circumstances, learned advocate for the applicant prays that the applicant may be enlarged on bail on any suitable terms and conditions.