LABHUBHAI BALDEVBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Barot does not press the application for applicant No.1. The application stands disposed of as not pressed for applicant No.1. Rule is discharged qua applicant No.1. The application is now considered for applicant No.2.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, applicant No.2 - Manojbhai @ Mahesh Gafurbhai Rabari has prayed to release him on bail in case of his arrest in connection with the FIR being C.R. No.I -52 of 2016 registered with Kadi Police Station, Mehsana for the offences punishable under Sections 365, 323, 504, 506(1), 143 and 120 -B of the Indian Penal Code.

(3.) Learned advocate for the applicant has taken the Court to the FIR and submitted that the role alleged to have been played by the applicant is similar to the role alleged to have been played by other three accused, named Rabari Dineshbhai Somabhai, Rabari Savant Dharamshibhai and Rabari Sanjay Jairabhai, who have been released on anticipatory bail by this Court vide order dated 3.6.2016 in Criminal Misc. Application No.12387 of 2016, copy whereof is placed at page 36. He submitted that irrespective of availability of the contentions to the applicant that he has not committed any offence, the applicant deserves similar treatment given to other accused and on the ground of parity, he is required to be released on anticipatory bail.