ROHITBHAI JITUBHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This 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-202 of 2017 with Sarthana Police Station, District-Surat, for the offences punishable under Sections-147, 148, 149, 302, 307, 504 of the Indian Penal Code and Section-135 of Gujarat Police Act.

(2.) Heard learned advocate, for the applicant and Mr. Rutvij Oza, learned Additional Public Prosecutor, for the respondent-State.

(3.) Learned advocate for the applicant submitted that the applicant is innocent person, however, he has been falsely implicated in the alleged offences. It is further submitted that from the FIR, there is no prima facie case against the present applicant for committing alleged offence. Learned Advocate for the applicant submits that present applicant is facing charge of Section-302, but at present, the complainant has no objection, if the applicant is ordered to be enlarged on bail, as the matter is amicably settled between the applicant and the complainant for the purpose of releasing the applicant on bail. The affidavit of the Respondent no.2-Original Complainant is also placed on record. The Respondent no.2- Original Complainant-Himmatbhai Bhadabhai Vaghasia is present before the Court and admitted the contents of the affidavit filed by him. Learned Additional Public Prosecutor has asked to verify the contents of the said affidavit and accordingly, the concerned Investigating Officer has also recorded the statement of Respondent no.2-Original Complainant-Himmatbhai Bhadabhai Vaghasia, wherein he has stated due to intervention of the members of the society, matter is settled for the purpose of releasing the applicant on bail. It is further submitted that the investigation is over and charge sheet is submitted. It is further submitted that the applicant is not having any criminal antecedent and he 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. 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.