BHARATBHAI RAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned APP for the respondent State.

(2.) This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable u/s.307, 325, 323, 504, 143, 147, 149, 504 and 506(2) of Indian Penal Code, for which FIR came to be registered at I C.R. No.58 of 2017 with Bavlu Police Station, Mehsana.

(3.) Having considered the rival contentions, including those made by the complainant and also having regard to the fact that both the injured witnesses are out of danger (one of them was hospitalized for four days and had sustained fracture) as also the statement of learned counsel for the applicant that the applicant would pay to the victim - Kanubhai Prahladbhai Patel a token sum of Rs.5000/ , without prejudice to his rights and contentions but, without claiming the same as a set off, if at all, after conclusion of the proceedings, the trial Court imposes the fine as compensation for said Kanubhai Prahladbhai Patel upon the petitioner, the case for admitting the applicant to bail is made out in absence of any apprehension against him of tampering with the evidence or threatening the witnesses or fleeing from trial.