RAMKRUSHNA @ BHAIYA RAJENDRA PATIL 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.I-19/2018 registered with Limbayat Police Station, Surat for the offences punishable under Sections 302 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 as per the FIR and other charge-sheet papers, role attributed to the present applicant is that the applicant has given kick and fist blows upon the deceased, but fatal blow is not given by the present applicant. It is further submitted that one eyewitness viz. Gopal has given name of other co-accused, but so far as the present applicant is concerned, it is referred as Ram and the details regarding his complete name are not provided in his statement. It is further submitted that T.I. Parade of the said witness was not carried out during the course of investigation. 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 and therefore, there is no possibility of tampering with the evidence. It is further submitted that as per the charge-sheet papers, the applicant is residing in Surat District 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.