ARJUNBHAI LAXMANBHAI BARIA & Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with First Information Report being C.R.No.I-16/2017 registered with Damavav Police Station, District Panchmahal, for the offences punishable under Sections 302 , 450 , 323 , 504 and 114 of the Indian Penal Code.

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

(3.) Learned advocate for the applicants submits that the applicants are innocent persons, however they have been falsely implicated in the alleged offences. It is submitted that the role attributed to the present applicants is that they had caught hold of the deceased. It is further submitted that charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is further submitted that the applicants are having roots in Panchmahal District and also having responsibility towards their family, therefore, there is no likelihood to their run away from the trial and their presence can be secured at the time of trial by imposing suitable conditions. It is also submitted that the applicants are in jail since 11.05.2017. It is further submitted that the applicants are ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, the applicants may be enlarged on bail. Learned advocate for the applicants, upon instructions, states that without prejudice to their rights and contentions, the applicants are ready and willing to deposit Rs.30,000/- (Rs.15,000/- each) before the trial court within a period of four weeks from the date of their release on bail, and they have no objection if the said amount be disbursed in favour of legal heir/s of the deceased towards compensation, but such concession given by the applicants may not be construed as admission of guilt on the part of the applicants. It is also stated that the applicants will not claim refund of the said amount, if they are acquitted in future. Therefore, considering the nature and gravity of the accusation made against the applicants and the role attributed to the applicants, they may be enlarged on regular bail by imposing suitable conditions.