JAYKUMAR BABULAL 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.I-7/2017 registered with DCB Police Station, Vadodara for the offences punishable under Sections 465, 467 and 471 of the Indian Penal Code and Section 66(C) and 66(D) of the Information and Technology 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 after withdrawal of the previous bail application on 26.12.2017 passed in Criminal Misc. Application No.27276 of 2017, the present application is filed as a liberty was granted by this Court to revive the request for grant of bail after a period of three months or after arrest of the main accused - Zamir Munir Saiyad, whichever is earlier. It is further submitted that the applicant is an innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that the applicant has not forged any document nor he has committed forgery but the applicant is implicated in the alleged offences only because of so-called sim card has been purchased by the main accused from the present applicant's shop. It is further submitted that there is no progress in the trial and two co-accused viz. Deepak Tilakdhari Yadav and Amit son of Ramesh Kumar Chandrapal Singh are enlarged on bail by the Coordinate Bench of this Court as well as the learned Sessions Court. The order passed in favour of co-accused Deepak Tilakdhari Yadav dated 07.03.2018 passed by the Coordinate Bench is also annexed to this application as well as order passed in Criminal Misc. Application No.692 of 2018 dated 03.04.2018 by the learned Sessions Court is also produced on record. It is further submitted that the role attributed to the present applicant is less graver than the role of the co-accused who are enlarged on bail. 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 applicant is having roots in District Banaskantha 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.