DHARMESHBHAI HARSHADBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with an F.I.R. being C.R. No. I- 51 of 2017 registered with Mahuva Police Station, District: Surat Rural for the offences punishable under Section 302, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860.

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

(3.) Learned advocate for the applicant submits that as per the allegation against the applicant, the applicant has given wooden blow on the injured/deceased. The applicant is an innocent person and he has been falsely implicated in the alleged offences. It is further stated that charge-sheet is already filed and therefore, there is no chance of tampering with the evidence. Learned advocate submits that co-accused Rupesh, who played active role in the commission of the alleged offence, has been released by the Coordinate Bench of this Court vide order dated 14.03.2018 passed in Criminal Misc. Application No. 4188 of 2018. Earlier the present applicant has filed bail application being Criminal Misc. Application No. 8382 of 2018, which was withdrawn vide order dated 06.07.2018 with a liberty to file afresh if the trial is not concluded within reasonable time. As per the charge-sheet, there are 21 witnesses and out of them, only two witnesses have been examined till now and there is no further progress in the trial on account of no Muddamal article is received from the FSL. The trial is likely to take long time. While referring FIR, the co-accused Rupesh has given wooden blow upon the injured deceased. He also refers the P.M. Note and submits that as per column No. 23 of the P.M. Note, the cause of death is shown as subarachnoid hemorrhage. The applicant is not having criminal antecedent and is in jail since 28.08.2017. The applicant is having roots in Surat District and he is having responsibilities towards his family and and his presence can be secured during the course of trial and will not flee from justice, therefore, the applicant may be enlarged on regular bail by imposing suitable conditions.