ARJUN RAMESHBHAI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-158/2016 registered with Gotri Police Station, District:Vadodara for the offences punishable under Sections 143, 147, 326, 294(b) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned advocate for the applicant submits that the present applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is submitted that as per the First Information Report the allegation against the present applicant is that he has given sword blow to the injured person. But, before the Medical Officer, the injured person has stated that sword blow was given by one Vicky. In this context he has also referred to the medical certificate issued by the SSG Hospital, Vadodara, which is placed on record at page 26 of the compilation. It is submitted that the co-accused, namely Vishal S. Parmar has been granted by bail by this Court vide order dated 22.8.2016 in Criminal Miscellaneous Application No.18676 of 2016, and therefore, on the ground parity, the applicant may be enlarged on regular bail. Moreover, the applicant does not have any criminal antecedents and the applicant has roots in Vadodara district and also has responsibility towards his family, and therefore, he is not likely to abscond or run away and his presence can be easily secured at the time of trial. Learned advocate submits that the investigation is over, charge sheet is filed, and therefore, now there is no possibility of tampering with the evidence and the applicant is ready and willing to abide by the conditions that may be imposed while releasing the applicant on regular bail. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.