RAMESHKUMAR GIRDHARILAL DEVASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with First Information Report being C.R.No.I-105/2017 registered with Vapi Town Police Station for the offences punishable under Sections 392 , 120B and 34 of the Indian Penal Code.

(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 the allegations as per the FIR are that the offence is of robbery, and therefore, the ingredients of Section 392 of the IPC are not attracted. It is further submitted that the allegation mentioned in the FIR reflects commission of offence of theft only and the offence under Section 379 of IPC is triable by the Magistrate Court. It is further submitted that from the other chargesheet papers as well as the FIR, there is no prima facie case against the present applicant for committing alleged offence as the ingredients of Section 392 of IPC are not attracted. It is further submitted that the applicant 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 the applicant is not having any criminal antecedent 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.