PIYUSH JAGDISHBHAI BALUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No.I28/2018 registered with Dindoli Police Station, Surat for the offences punishable under Sections 302, 323, 143, 147, 148, 149, 120(B) and 34 of the Indian Penal Code and Section 135 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 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 allegation against the applicant as per the FIR is that the applicant has given kick and fist blow upon the deceased and injured. It is further submitted that the FIR came to be lodged against two accused persons and the applicant is not named in the FIR. It is further submitted that only on the basis of the statement of the co-accused, the applicant is arrested and at the time of incident, the applicant did not have any weapon. It is further submitted that there is no direct or indirect evidence to connect the present applicant and there is no recovery or discovery from the applicant. 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.