RAJENDRA TRIKAMDAS PATEL 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-76/2017 registered with Rander Police Station, Surat for the offences punishable under Sections 302 , 504 and 114 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 as per the chargesheet papers, the role attributed to the present applicant is that he was present at the scene of offence, but he has not played any active role to cause the death of the deceased. It is further submitted that as per the postmortem report, the cause of death is due to multiple injuries caused by sharp cutting weapons received by the deceased. It is further submitted that the chargesheet papers reveal that the said injuries were caused by co- accused-Imranali Yunusali Saiyed and not by the present applicant. 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 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.