KIRANBHAI CHANDUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed by the applicant under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR registered at C.R. No. I - 51 of 2017 with Ankleshwar G.I.D.C. Police Station, District: Bharuch for the offences punishable under Sections 302 , 323 , 504 and 114 of the Indian Penal Code and Section 135 of Gujarat Police Act.

(2.) Heard Mr. Bhatt, the learned advocate appearing on behalf of the applicant and Mr. Manan Mehta, learned Additional Public Prosecutor for the respondent - State. 2.1 The learned advocate for the applicant submits that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that after completion of investigation, the charge-sheet is filed and no overt act on part of the present accused is revealing from the charge-sheet and, therefore, now, there is no possibility of tampering with the evidence. As such, the role attributed to the applicant in the commission of the offence is only use of filthy language. It is submitted that similarly situated co- accused has been released on bail by this Court vide order dated 15.09.2017 passed in Criminal Misc. Application No.21457 of 2017. The applicant has no criminal antecedents. Therefore, learned advocate for the applicant has prayed to apply principle of parity in his case and the applicant-accused is undertaking to abide by all the conditions that may be imposed.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed the application for grant of regular bail looking to the nature and gravity of the offence. He has further submitted that there is a prima facie case against the present applicant. Therefore, the present application may be rejected.