VANRAJ MANGLUBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant - original under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with F.I.R. registered at C.R. No. I-41/2016 with Savarkundla Rural Police Station for the offence punishable under Sections 302, 201, 120 [B] and 34 of the IPC read with Sections 25 [1] B, A and 27 [3] of the Arms Act and Section and 135 of the Gujarat Police Act.

(2.) The gist of the prosecution case, as it culls out from the complaint is that the accused persons in connivance with each other, with a view to take vengeance had murdered the husband of the first informant. It is alleged that the aforesaid three accused when were travelling on the motor cycle for Dolti and going towards Bhammar, had in connivance with each other, collided motor cycle with a four wheel vehicle and thereby shot the aforesaid three persons with firearms and after committing the said offence, the accused persons had destroyed the evidence. It is also alleged that a news article then was published regarding the said accident, and hence, the complaint. Heard learned advocates appearing for the respective sides.

(3.) Learned advocate appearing for the applicant, at the outset, requested this Court to consider this application on the ground of parity, since the co- accused in the said offence has already been enlarged on bail by the cognate Bench of this Court in Criminal HC-NIC Created On Mon Aug 14 Misc. Application [For Regular Bail] No. 6790 of 2017. Learned advocate contended that there is no overact on the part of the applicant, involving him in the offence alleged. That, investigation into the matter is over and the chargesheet is filed on 12th September 2016, without there being any recovery or discovery from the applicant-accused. That, there is no prima facie case against the present applicant who has been implicated in the offence alleged. That, the name of the applicant has not been disclosed by the informant while filing the FIR. That, the arrest of the applicant was made on the basis of statement of co-accused, which cannot be relied upon. That, there is no direct evidence connecting the applicant with the crime alleged. That, there are no iota of evidence against the present applicant so as to implicate him in the commission of alleged offence. There is no role attributed to the applicant, be it an overact or covert act, and therefore also, the present applicant deserves to be enlarged on bail, on suitable terms and conditions.