KANUBHAI BABUBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. II-81 of 2017 with Mandvi Police Station, District: Surat for the offences punishable under Sections 4 , 5 , and 6 of the Explosive Substances Act, 1908 and Sections 5 , 9(1)(b) and 12 of the Explosive Substances Act, 1884 and Section 286 of the Indian Penal Code, 1860 (for brevity, 'the IPC ').

(2.) Heard Ms. Brahmbhatt, the learned advocate for the applicant and Ms. M. H. Bhatt, the learned Additional Public Prosecutor for the respondent - State. 2.1 The learned advocate for the applicant submits that the applicant is the innocent person, however, has been falsely implicated in the offence. It is submitted that only on the statements of the co-accused, present applicant has been arraigned in the offence in question for which he has nothing to do with. Moreover, there is no recovery or discovery at the instance of the present applicant and whatever, recovery has been made, is at the instance of the original accused Nos. 1 and 2. Besides, looking to the complaint, no specific role has been attributed to the present applicant. She submitted that present applicant does the work of blasting in the quarry and for such purpose, the explosive material is used, accordingly, there is no motive on the part of the applicant to commit such a crime. The learned advocate for the applicant states that the present applicant has no past antecedents. The learned advocate for the applicant submits that now the charge-sheet is filed in the case and hence, there is no possibility of tampering with the evidence. 2.2 It is further submitted that the applicant has roots in Surat district and and is also having responsibility towards his family and he is not likely to run away and his presence can be secured during trial by imposing the the suitable conditions.

(3.) The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that from the charge-sheet, there appears prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may not be enlarged on bail.