PATEL RAKESHBHAI BHOLABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicants have prayed to release them on bail in case of their arrest in connection with the FIR, being C.R. No.I -98 of 2016, registered with B -Division Police Station, Mehsana, for the offences punishable under Sections 141, 143, 147, 148, 149, 151, 152, 153, 154, 307, 308, 332, 333, 337, 395, 435, 436, 427, 120 -B and 201 of the Indian Penal Code, under Sections 3 and 7 of the Damage to Public Property Act, Section 135 of the Gujarat Police Act, under Section 2 of the Prevention of Insult to National Honours Act and under Section 66 -A of the Information Technology Act.

(2.) Learned advocate Mr. Barot for the applicants submitted that the applicants have in fact not committed any offence as alleged in the FIR and they are falsely implicated. He submitted that in fact, there is no need of the applicants for custodial interrogation inasmuch as the applicants who are stated to be just part of a mob of 8000 to 9000 people are not alleged to have played any overt -act so as to cause any damage to public property or injury to anybody.

(3.) During pendency of the application, the applicants tendered undertaking;