VINODBHAI AMARSINH BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present 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-33/2017 registered with Shahera Police Station, District Panchmahal, for the offences punishable under Sections 498(A) , 323 , 306 and 114 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 allegations made against the applicant in the FIR and other investigation papers are of general in nature. It is further submitted that other co-accused persons have been enlarged on bail by the Co-ordinate Bench of this Court vide orders dated 28.07.2017 and 26.10.2017 passed in Criminal Misc. Application Nos. 17701 of 2017 and 25841 of 2017, respectively. It is further submitted that the applicant is in jail since 09.04.2017. Moreover, investigation is over and charge-sheet is filed, and therefore, now there is no possibility of tampering with the evidence. 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, therefore, the applicant may be enlarged on bail. Learned advocate for the applicant, upon instructions, states that without prejudice to his rights and contentions, the applicant is ready and willing to deposit Rs.35,000/- before the trial Court within a period of three weeks from the date of his release on bail and he has no objection if the said amount be disbursed in favour of the complainant. It is also stated that the applicant will not claim refund of the said amount, if he is acquitted in future. Therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.