CHANDUBHAI BUDHABHAI NAYAK Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Chandubhai Budhabhai Nayak
STATE OF GUJARAT
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(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the FIR
being I CR No.11196016200138 of 2020 registered with Makarpura Police
Station, Vadodara for the offence punishable under Sections 397 , 411 and
413 of the Indian Penal Code.
(2.) Heard Mr. Bhavin S. Raiyani, learned advocate for the applicant and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent
State, through video conference.
(3.) Mr.Raiyani, learned advocate for the applicant submitted that the applicant has not been named in the First Information Report and there is
no recovery or discovery made from the possession of the applicant. It is
submitted that the court below has rejected the application preferred by the
applicant on the ground of criminal antecedents. It is submitted that the
learned Sessions Judge has failed to consider that the applicant was
implicated in undetected offences which were registered in the year 2019,
however, the Investigating Officer has not produced the evidence or
material indicating the involvement of the applicant with other four offences
either directly or indirectly. It is submitted that the court below rejected the
application of the applicant vide order dated 27.4.2020, however, thereafter
the learned Sessions Judge has granted regular bail to the other co-
accused who have been attributed identical role in the commission of the
offence. It is submitted that so far as one of the accused is concerned, this
Court, vide order dated 6.8.2020 passed in Criminal Misc. Application
No.7288 of 2020, has granted bail. Under the circumstances, considering
the nature of the offence, the applicant may be enlarged on regular bail by
imposing suitable conditions.;
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