MUKESH @ MUKO RAMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive 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-18/2016 registered with Gandhigram Police Station, District Rajkot, for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

(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 also submitted that the entire case is based on circumstantial evidence. It is further submitted that after filing of the charge-sheet, there is no progress in the trial and by now, not a single witness has been examined even after withdrawal of the previous bail application, and therefore, the trial is not likely to be concluded in near future. Moreover, the applicant is not having any criminal antecedents. It is further submitted that the applicant is having root in Devbhumi Dwarka District and also having responsibility towards his family, and therefore, there is no likelihood to run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that considering the nature of allegations and gravity of the alleged offences, the applicant may be enlarged on regular bail by imposing suitable conditions.