HINGROJA HARUNBHAI AYUBBHAI 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.I­66 of 2014 registered with Santalpur Police Station, Patan for the offences u/s. 302, 201 and 120B of the IPC.

(2.) Heard learned Advocate Mr. Ashish Dagli for the applicant and learned APP Ms. Jirga Jhaveri for the Respondent­State with learned Advocate Mr. Virat Popat for the prosecution.

(3.) Learned Advocate Mr. Dagli has read the contention of the complaint as well as the application and vehemently argued that the present applicant who is involved in the present case by the complainant is only on the ground of suspicion. He has further contended that as per the evidence disclosed by the witness is concerned, only that is last seen together with the deceased. He has further argued that the Hon'ble Apex Court has already laid down in so many cases that the evidence regarding last seen together is the weakest evidence of the prosecution. He has further argued that there is no recovery or discovery as made from the present applicant. He further contended that as per the mobile phone data, the present applicant was found near the place of the offence as per the nearest tower is not the sufficient evidence. It is the case of the present applicant­accused who can cite as an accused in the above case only on the ground of mobile data. He has further contended that in the present case simple animosity is shown by the prosecution and only on that ground bail of the present applicant cannot be refused.