KHODABHAI GHELABHAI SINDHAV (BHARVAD) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of the respondent- State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 69 of 2016 registered with Bavla Police Station, District: Ahmedabad for the offences punishable under Sections 395 , 397 , 506(2) , 120B of the Indian Penal Code as well as 25(1) A of the Arms Act .

(3.) Learned advocate for the applicant submits that the present applicant is innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that the role attributed to the present applicant is comparatively less grave than the main accused. The present applicant is the driver and owner of the Eicher vehicle. It is submitted that the applicant is doing business of transportation and he is not aware about the fact that the looted article was transferred in his vehicle. Learned advocate for the applicant further submits that the present applicant is not having any criminal antecedents. The other co-accused having similar role to the role attributed to the present applicant, are enlarged on bail by this Court as well as Co- ordinate Bench of this Court. It is submitted that the applicant is ready and willing to abide by the conditions that may be imposed while releasing the applicant on regular bail. It is therefore submitted that on considering the nature of allegations, and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.