AJMAT MOHAMAD BASIR ANSARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive 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-47 of 2018 registered with Valsad Rural Police Station, Valsad for the offences punishable under Sections 323, 325, 326(B) 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 present is a successive bail application after filing of the charge-sheet. Learned advocate for the applicant submits that investigation is over and charge-sheet is submitted, and therefore, now there is no possibility of tampering with the evidence. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offence. It is further submitted that role attributed to the applicant is that he has given stick blow on the left leg and hand of the complainant. It is further submitted that the applicant has been discharged from the hospital and now she is out of danger. It is further submitted that the accused has been enlarged on regular bail by this Court vide order dated 13.07.2018 passed in Criminal Misc. Application No.12533 of 2018. It is further submitted that the applicant is having root in District Valsad and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by all the conditions that may be imposed by this Court and, therefore, considering the nature of allegation and gravity of the offence, the applicant may be enlarged on regular bail.