SANJIV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of Rule for and on behalf of the respondent-State.

(2.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") / under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR registered at Bhestan Police Station, Surat being C.R No.11210070241247 of 2024 for the offences punishable under Ss. 54, 61, 109(2), 115(1) and 351(2) of the BNS read with Sec. 135 of the GP Act.

(3.) Learned advocate for the applicant has submitted that the present applicant has nothing to do with the offence. It is contended that all allegations are primarily directed against accused No.2, Akhilesh Bharti. Furthermore, the advocate has submitted that the injured has already been discharged from the hospital, indicating that the severity of the incident may not be as grave as alleged. The learned advocate further submits that the applicant is the sole breadwinner of his family and has the responsibility of maintaining them. Additionally, it is pointed out that a cross-complaint has been filed by accused No.2, suggesting that the case involves counter-allegations. It is also submitted that nine prior offenses against the applicant have already been disposed of. Co-accused is already enlarged on bail. On the principle of parity, the advocate argues that the applicant should also be considered for bail. Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions.