RAVIKUMAR RAMESHBHAI GHOGHARI ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I-108/2017 registered with Kapodra Police Station, Surat City, District Surat, for the offences punishable under Sections 395, 397, 511 and 120(B) 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 submitted that the co-accused persons namely Kalpeshbhai Bhupatbhai Garaniya and Nirmalbhai Bharatbhai Khachar have been enlarged on bail by this Court vide orders dated 28.11.2017 and 05.12.2017 passed in Criminal Misc. Application Nos.27460 of 2017 and 26882 of 2017. The role attributed to the present applicant is less graver than the co-accused, who have been enlarged on bail. It is further submitted that the applicant is not having any criminal antecedent. Moreover, investigation is over and charge-sheet is submitted, therefore, there is no possibility of tampering with the evidence. It is also submitted that the applicant is in jail since 17.05.2017. It is further submitted that the applicant is having root in Surat District and also having responsibility towards his family, therefore, there is no likelihood to his run away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is further submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.