RINKU RAMPAL DHIMAN 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.I-170/2016 registered with the Gandhidham 'B' Division Police Station for the offence punishable under Ss. 302, 307, 120(B), 34 and 212 of the Indian Penal Code, under Ss. 25(1)BA and 27(2) of the Arms Act and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submitted that the so-called incident has taken place on 1/8/2016, for which, the FIR has been lodged on the very next day i.e. on 2/8/2016 and the applicant has been arrested in connection with the same on 23/2/2023 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 FIR has been lodged against accused, Afroz Ansari and two unknown persons and after registration of the FIR, the investigation was carried out and at the end of investigation, the chargesheet came to be filed against the said accused, Afroz Ansari. Learned advocate submitted that it is the case of the prosecution that the accused, Afroz Ansari has given contract of killing of his boss to the sharp-shooters and as a part of said contract, the accused, Alimohamad Ansari and the present applicant had come to Gandhidham and on reaching there, they have made recce of the deceased and on the day of alleged incident, the present applicant and the co-accused Alimohamad Ansari had gone to the place of occurrence on the motorbike and at that point of time, the applicant was sitting as pillion rider, however, the co-accused, Alimohamad Ansari had fired upon the deceased, as a result of which, the deceased died on the spot. Learned advocate submitted that as per the case of the prosecution, the present applicant has been shown as pillion rider along with the main accused and he had gone along with the main accused, except this, there is no role attributed to him. Learned advocate submitted that the co-accused, Alimohamad Ansari, who had fired upon the deceased, has been considered by the Coordinate Bench of this Court.