ADIL KAMRUDDIN MOTIBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present 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-63/2018 registered with Valsad City Police Station for the offences punishable under Sections 143, 147, 148, 149, 323, 324 and 307 of the Indian Penal Code.

(2.) Heard learned counsel for the applicant and 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. It is further submitted that as per the FIR, the allegation against the present applicant is that the applicant has given blow with "Chhatka" upon the injured person. It is further submitted that the injured person is discharged from the hospital after taking medical treatment of 10 days and now he is out of danger. It is further submitted that the applicant is a student, young boy aged about 19 years. The applicant is in jail since 06.05.2018 and he is not having any criminal antecedent. It is further submitted that the charge-sheet is filed in this matter and therefore, there is no possibility of tampering with the evidence. It is further submitted that applicant is having roots in District Valsad 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. Learned counsel for the applicant, upon instructions, states that the applicant is ready and willing to deposit Rs. 25,000/- towards cost of medical expenditure incurred by him during the course of treatment, without prejudice to his rights and contentions, before the concerned Trial Court and he has no objection if the amount deposited by the applicant before the concerned Trial Court be disbursed in favour of the injured person. It is also stated upon instruction that the applicant has no objection if the injured person is permitted to withdraw the said amount; but such withdrawal may not be construed as admission of guilt on the part of the applicant. It is also stated that the applicant will not claim refund of the said amount if he is acquitted in future. 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.