NITINBHAI RAYLABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-18/2016 registered with Randhikpur Police Station, District Dahod, for the offence punishable under Section 302 of the Indian Penal Code.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offence. It is submitted that it is not a case of murder, but the incident itself occurred due to sudden provocation and at the most the case may fall within the scope of Section 304 Part II of the Indian Penal Code. It is further submitted that the applicant is young boy aged about 18 years and he is jail since April, 2016. It is further submitted that the investigation is over and charge-sheet is filed, therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in District Dahod, and also having responsibility towards his family, therefore, there is no likelihood to run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. Therefore, considering the nature of allegations and gravity of the alleged offence, the applicant may be enlarged on regular bail by imposing suitable conditions.