KULDEEPBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.11211050240003 of 2024 registered with the Thangadh Police Station, Surendranagar, for the offence punishable under Ss. 143, 147, 148, 149, 323, 324, 325, 504 and 337 of the Indian Penal Code and under Sec. -135 of the Gujarat Police Act.

(2.) Learned advocate appearing on behalf of the applicants submits that the present application is preferred after submission of charge-sheet. Learned advocate submitted that the so-called incident has taken place on 31/12/2024, for which the FIR has been lodged on 1/1/2024. Learned advocate submitted that the FIR has been filed against total 10 accused persons and the applicants are shown as accused no.3 and 6 in the chargehseet. Learned advocate as per the case of the prosecution, it is alleged that the present applicants in connivance with other accused persons have hatched conspiracy and as a part of said conspiracy, they have beaten the complainant with wooden log, kick and feast blow with knife. Learned advocate further submitted that the complainant received injuries on the face and neck and therefore, the complainant was hospitalized for some days and thereby, committed alleged offence. Learned advocate submitted that except the above role, no other role is attributed to them. Thereafter, subsequently, he was arraigned and ultimately, arrested on 23/1/2024 and since then, they are in judicial custody. Learned advocate submits that the injured person and the complainant are discharged from the hospital and the injured person has not received any grievous injury. The entire case of the prosecution is that altercation took place between the complainant and accused persons on the general talk. Learned advocate further submits that the applicants have no past antecedents. He further submits that the bail application of identically situated accused persons have already been considered by the learned Court below and therefore, considering the principle of 'law of parity', the applicants- accused, may be considered. He further submits that all the offences are exclusively triable by the Court of Magistrate. Considering the gravity of offence, prima- facie, it can be said that it would take considerable long period of time to conclude the proceedings. Learned advocate submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the specific role of the present applicants are clearly spelt out from the papers of charge-sheet. Learned APP further submits that the applicants ' accused having iron pipe and knife in their hand and they beaten the complainant with iron pipe and gave knife blow. Considering the role attributed, at the time of commission of offence, the present application may not be entertained.