BHAVESH MULJIBHAI SELADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-21 of 2015 with DCB Police Station, District: Surat for the offences punishable under Sections 406 , 420 , 465 , 467 , 471 , 120-B and 34 of the Indian Penal Code, 1860 (for short, 'the Penal Code ').

(2.) Heard Mr. Mehta, the learned advocate for the applicant and Ms. M. H. Bhatt, the learned Additional Public Prosecutor for the respondent - State. 2.1 Mr. Mehta, the learned advocate for the applicant, submits that the present applicant is innocent and has been falsely implicated in the alleged offence. It is further submitted that the co-accused in commission of the alleged offence has been released by this Court by order dated 21/07/2017 passed in Criminal Misc. Application No. 9475 of 2017. He further submits that now the investigation is over and charge-sheet is filed and hence, there is no possibility of tampering with the evidence. Accordingly, on the ground of parity, he requested to enlarge the present applicant on regular bail by imposing suitable conditions.

(3.) The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. She submits that from the charge-sheet, there appears prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may not be enlarged on bail.