ROHITSINGH RAJKUMARSINGH RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-119/2016 registered with Kadodara G.I.D.C. Police Station, Surat Rural, for the offences punishable under Sections 302 , 102(B) , 201 , 34 , 386 , 112 and 119 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offences. It is submitted that the role attributed to the present applicant is similar to that of co-accused namely Vipulbhai @ Vipulbhaiya Somabhai Patil and Vinodkumar @ Shani Panchdevsing Rajput, who have been enlarged on regular bail by the Co-ordinate Bench of this Court and this Court vide orders dated 29.06.2017 and 21.12.2017 passed in Criminal Misc. Application Nos.14695 of 2017 and 27424 of 2017, respectively, and therefore, on the ground of parity the applicant may be enlarged on bail. It is further submitted that investigation is over and charge-sheet is submitted, therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in Surat District and also having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.