GANPATKUMAR BHARATSINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application has been filed by the applicant under section 439 of the Code of Criminal Procedure, 1973 (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-49 of 2017 with Morva (H) Police Station, District: Panchmahals for the offences punishable under Sections 498-A and 306 of the Indian Penal Code, 1860.

(2.) Heard Ms. Nidhi Barot, the learned advocate for the applicant and Mr. J. K. Shah, the learned Additional Public Prosecutor for the respondent - State. 2. 1 Ms. Barot, the learned advocate for the applicant, submits that this is the successive bail application after withdrawal of the previous bail application on 25.01.2018. She submitted that there is no substantial progress in the trial and even, the charge is not framed till date. It is further submitted that, in the FIR, general allegations have been made against the present applicant. She also submitted that even as per the medical evidence, no injury was found on the person of the deceased. She further submitted that, now, the charge-sheet is filed and hence, there is no possibility of tampering with the evidence. She also submitted that the applicant is a labourer and maintaining his family by doing labour work. 2. 2 It is also submitted that by the learned advocate for the applicant that the applicant is roots in society and is also having responsibility towards his family and he is likely to run away and his presence can be secured during trial by imposing the the suitable conditions. Accordingly, it is requested that present application may be allowed.

(3.) The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offence. It is submitted that from the charge-sheet, there appears prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may be enlarged on bail.