JITUBHAI MOHANBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Patel, the learned Additional Public Prosecutor, waives service of process of Rule on behalf of the respondent - State.

(2.) This successive application is filed by the applicants under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-114 of 2017 with Valsad Town Police Station, District: Valsad for the offences punishable under Sections 143 , 147 , 148 , 149 , 307 , 325 , 504 and 506(2) of the Indian Penal Code, 1860 (for short, 'the IPC ') and Section 135 of the G. P. Act.

(3.) Heard Mr. Mirza, the learned advocate for the applicants and Mr. Patel, the learned Additional Public Prosecutor for the respondent - State. 3.1 The learned advocate for the applicants submits that this is the successive bail application after the charge-sheet is filed in the matter. He submitted that the applicants are innocent persons, however, they have been falsely implicated in the offence. It is submitted that looking to the charge-sheet papers, it appears that no active role has been played by the present applicants and except bare allegations, no substantial evidence is there on record to suggest involvement of the present applicants in the offence in question. The learned advocate for the applicants submitted that now, the charge-sheet is filed in the matter and hence, there is no possibility of tampering with the evidence. 3.2 It is also submitted that by the learned advocate for the applicants that the applicants have roots in Valsad District and are also having responsibility towards family and are not likely to run away and their presence can be secured during trial by imposing the the suitable conditions. 3.3 The learned advocate for the applicants, on instructions, submits that without prejudice to his rights and contention, the applicants are ready and willing to deposit Rs.1 lakh before the trial Court concerned, for which reasonable time may be given and the applicants have no objection if the same is disbursed to the victim/injured and they will not claim the said amount even if they succeed in trial. However, he submits that the same may not be construed as admission of guilt on the part of the applicants.