SHUGAN SHATRUGHAN SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive bail 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-93/2015 registered with Adajan Police Station, Surat for the offences punishable under Sections 302 , 307 , 323 , 504 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act.

(2.) Heard learned counsel for the applicant as well as 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 by now 9 witnesses have been examined out of 65 witnesses and there is no substantial progress in the trial after withdrawal of the previous bail application. It is further submitted that there was heated arguments between the deceased and the applicant and other persons and in the spur of moment, due to provocation, the alleged act is committed. It is further submitted that from the other chargesheet papers as well as the FIR, 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 and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Surat and 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 conditions as may be deemed, fit and proper by this Court. 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.