SAMATBHAI BIMABHAI SARSIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I­11 of 2015 registered with Jamjodhpur Police Station, Jamnagar for the offences u/s. 325, 504 and 114 of the IPC and subsequently Section 324, 506(2), 307, 302 and 34 of the IPC were added.

(2.) Heard learned Advocate Mr. Ashish Dagli for the applicant, learned APP Mr. L.R.Pujari for the Respondent­State and learned Advocate Mr. Premal Rachh for the prosecution.

(3.) Learned Advocate Mr. Ashish Dagli for the the applicant has read the complaint and referred the police papers and submitted that in the present case the applicant was not present on the date of the incident, but prior to the incident before two days the allegation is made against the present applicant that he has threatened the deceased. He has further contended that in connection with the present complaint as well as statements recorded by the investigating agency, even from that also it is not established that the present applicant was present at the place of the incident. He has further submitted that neither anything recovered nor anything discovered from the present applicant. He has further submitted that present applicant who is involved directly in the present case is entitled for regular bail.