DILIPBHAI @ ASHISHBHAI PARSINGBHAI VASAVA 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 31/2017 registered with Amletha Police Station, District Narmada, for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 325, 326, 354(A), 427, 509, 120(b), 34, 177 and 302 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 applicant is not named in the FIR, but subsequently during the course of investigation, name of the applicant came on surface from the statements of witness - Shakrabhai. It is submitted that even in the said statements, neither any specific role is attributed to the applicant. It is also submitted that the applicant is not having any criminal antecedent. It is further submitted that the other co accused have already been released on bail. It is further submitted that the applicant is having roots in Valsad District and also having responsibility towards his family and, therefore, there is no likelihood of his running away 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 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.