ARVINDBHAI NAJABHAI MARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive bail 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-136/2017 registered with Katargam Police Station, Surat for the offences punishable under Section 302 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

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

(3.) Learned advocate for the applicant submitted that after withdrawal of the previous bail application on 17.01.2018, the present successive bail application is filed mainly on the ground that there is no progress in the trial after withdrawal of the previous bail application. 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 matter is amicably settled outside the Court between the applicant and the complainant and now the complainant has no objection if the applicant is ordered to be enlarged on bail. It is further submitted that the applicant is having responsibility towards his family and he is not likely to abscond or run away, therefore, his presence can be secured at the time of trial by imposing appropriate conditions as may be deemed, fit and proper by this Court. It is further submitted that the investigation is over and charge sheet is filed and therefore, now there is no possibility of tampering with the evidence. It is further submitted that applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court. Therefore, considering the nature and gravity of accusation made against the applicant and the role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.