MAHAMMAD AKSAR HUSEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive 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-144/2017 registered with Vapi Town Police Station, District Valsad, for the offences punishable under Sections 465 , 467 , 468 , 471 , 474 and 120(B) of the Indian Penal Code and Section 25(1) A of the Arms Act.

(2.) Heard learned advocate for the applicant as well as learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submitts that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is submitted that the allegation as per the FIR is that the applicant has used the false and fabricated licence of firearms, but the applicant was working a security guard and he has not used forge firearms licence. It is further submitted that from the other charge-sheet 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 not having any criminal antecedent and is ready and willing to abide by the terms and conditions that may be imposed by this Court. It is further submitted that charge-sheet is filed, and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Valsad 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.