SHIVRAMBHAI @ SHIVABHAI ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No.I-48 of 2016 before Vatva GIDC Police Station for the offence punishable under Sections 365 , 326 , 392 , 120B , 506(1) , 114 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act. 2. Learned counsel for the petitioner states that the petitioner would deposit a sum of Rs.10,000/- as security for bail and the petitioner would be able to arrange the deposit within two weeks of his release.

(3.) Having considered the rival contentions, it appears that the accused persons with serious roles have been admitted either to bail or anticipatory bail by different orders of this court. So far as the case of the petitioner is concerned, it is a common ground that he had not played any role of inflicting injury to the victim but he had aided the abduction of the victim, who, after hospitalisation of three days, is now discharged and is out of danger. In the facts and circumstances of the case discussed above and considering the nature of accusation against the petitioner and in absence of any apprehension of the petitioner tampering with the evidence or threatening the witnesses, fleeing from justice, the case for admitting the petitioner to bail is made out. The petitioner is required to be admitted to bail initially for a period of two weeks and on his complying with the condition of deposit of the amount stated hereunder, within the specified time as prescribed hereunder; until termination of the proceedings against him.