MAHESHBHAI PRABHUBHAI PATEL 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-142/2017 registered with Olpad Police Station, District Surat (Rural), for the offences punishable under Sections 143, 148, 149, 323, 307, 504 and 506(2) of the Indian Penal Code, 1860.

(2.) Heard learned advocate for the applicant, learned advocate for the original complainant as well as 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 offence. It is submitted that allegation against the present applicant is that he has abused the complainant/injured and as per the FIR there is no role attributed to the applicant in respect of causing injury to the complainant/injured. It is further submitted that it is a case of cross complaint and another FIR being C.R.No.I-143 of 2017 has been registered against the complainant in the present case. 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. 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.25,000/- before the trial Court within a period of two 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/injured. It is also stated that the applicant will not claim refund of the said amount, if he is acquitted in future. However, the same may not be construed as admission of guilt on the part of the applicant. It is lastly 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.