VIJAYBHAI PRAHLADBHAI VASAVA 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-65/2017 registered with Savli Police Station, District Vadodara (Rural), for the offences punishable under Sections 302 , 395 , 396 , 102(B) and 114 of the Indian Penal Code.

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

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however he has been falsely implicated in the alleged offence. It is submitted that there is no cogent material to connect the applicant with the alleged offence. It is further submitted that the applicant has not hatched any criminal conspiracy. It is further submitted that the case is based on circumstantial evidence and there is no direct evidence against the applicant. Moreover, the applicant is a young boy aged about 24 years having no any criminal antecedent. It is also submitted that there is no recovery or discovery at the instance of the applicant, but there is a discovery at the instance of co-accused. It is further submitted that investigation is almost over, and therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is having root in Vadodara District and also having responsibility towards his family, therefore, there is no likelihood of his running away from the trial and his presence can be secured at the time of trial by imposing suitable conditions. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, he may be enlarged on regular bail by imposing suitable conditions.