SHERKHAN @ LALABHAI KHALILKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Ms. Shruti Pathak, learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent-State.

(2.) Application for regular bail under Section 439 of Code of Criminal Procedure has been preferred by the applicant in connection with CR.No.I-0086 of 2017 registered with Harni police station, District: Vadodara for the offences punishable under Section 395 of the Indian Penal Code.

(3.) It is the case of the prosecution that three passengers, who are the co-accused of the present applicant were travelling in a bus which came from Uttar Pradesh. On account of some of the cages of birds being carried by them inside the bus, there was a dispute with regard to the amount they needed to pay to the bus driver, which has resulted into scuffle and eventually some of the persons were injured and accused are alleged to have looted sum of Rs. 40,000/-, a mobile phone, gold ring etc. Identification parade came to be conducted where identification is made of other three co- accused. It is urged by the applicant that he is nowhere involved nor identified by any person. He has no criminal antecedent and the dispute of collection of rent has been made a mountain out of a molehill.