DEVENDRANATH RAVINDRANATH SANYASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This third successive bail application is filed under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with F.I.R. registered at C.R. No. I - 18/2017 with Nikol Police Station for the offences punishable under Sections 306, 304(B), 498(A), 114 of the IPC and under section 3 and 7 of the Dowry Prohibition Act.

(2.) Learned advocate Ms. SM Ahuja appearing for learned advocate Mr. Jitendra Singh for the applicant would submit that co-accused persons shown in column No.2 of the charge sheet annexed at Annexure A are protected by Coordinate Bench as per order dated 27.3.2017 passed in Special Criminal Application No.2178 of 2017 and therefore, the applicant may be enlarged on bail on the ground of parity since co-accused Mr. Pushpendra is enlarged on bail as per order passed by the Hon'ble Apex Court annexed at Annexure D of the compilation.

(3.) Per contra, learned APP appearing for the State would submit that the investigation is yet not over against the co-accused shown in column No.2 of the charge sheet and further, she ventilates a grievance that said co-accused are not cooperating with the investigating agency and therefore, present application, being made in breach of order dated 27.3.2018 passed in Criminal Misc. Application No.4870 of 2018 by this Court, may be rejected and further, this being third successive bail application, no change in circumstances exists in favour of the applicant.