RANCHODBHAI KHIMJIBHAI RATHVA & 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 an F.I.R. being C.R.No. I - 15 of 2017 registered with Rajgadh Police Station, District: Panchmahals for the offences punishable under Section 302 and 114 of the Indian Penal Code, 1860.

(2.) Learned advocate for the applicants does not press this application qua applicant No.1.

(3.) Learned advocate for the applicant No.2 submits that as per the allegation against the applicant, the applicant has caught the hand of deceased and pulled the deceased on road and thereafter, the accused No.1 caused injury to the deceased. The applicant is an innocent person and he has been falsely implicated in the alleged offences. It is further stated that charge-sheet is filed and therefore, there is no possibility of tampering with the evidence and also custodial interrogation is not required at this stage. The applicant is having roots in Panchmahals District. As the applicant and his father both are behind the bar, there is no earning male member to look after the family. Looking to the role played by the applicant No.2, the applicant is required to be considered for bail. The applicant is having responsibilities towards his family and and his presence can be secured during the course of trial and will not flee from justice, therefore, the applicant may be enlarged on regular bail by imposing suitable conditions.