NADEEM MANNUMIYA PATHAN 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-11/2018 registered with Vadodara City Police Station, for the offences punishable under Sections 323, 324, 294(B), 307, 143, 147, 148, 149, 341 read with Section 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act and Section 3(2)(5) of the Atrocities Act.

(2.) Heard learned counsel for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that as per the FIR, role attributed to the present applicant is that he has caused injuries to the injured person-complainant. It is further submitted that the injured person has been discharged from the hospital after taking treatment for a period of four days and now he is out of danger. It is further submitted that from the FIR and other charge-sheet papers, there is no prima facie case against the present applicant for committing alleged offence. 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. It is further submitted that the charge-sheet is filed and therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is also having responsibility to look after his family, and therefore, he is not likely to run away or abscond and his presence can be secured at the time of trial by imposing appropriate condition as may be deemed, fit and proper by this Court. Learned counsel for the applicant, upon instructions received from his client, states that the applicant is ready and willing to deposit Rs.10,000/- as compensation of the injured person, without prejudice to his rights and contentions, before the concerned Trial Court and he has no objection if the said amount deposited by the applicant before the concerned Trial Court be disbursed in favour of the injured person towards cost of medical expenditure incurred by him during the course of treatment. It is also stated upon instruction that the applicant has no objection if the injured person is permitted to withdraw the said amount; but such withdrawal may not be construed as admission of guilt on the part of the applicant. 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 and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.