- (1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR being 31 of 2018 registered with Jamnagar Panch-?B Division, for offence under Sections 302 , 365 , 471 , 201 and 120B of the Indian Penal Code, Sections 25(1B) and 27(1) of the Arms Act and Section 135(1) of the Gujarat Police Act.
(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is a young man aged 24 years. From the charge sheet, it appears that the applicant has been deliberately targeted as against co-?accused, no role is given, but the entire blame is shifted on the head of the applicant. It is submitted that the applicant has been arrested on 14.05.2018 and since ten, he is in custody and in present scenario, there is no chance of early conclusion of trial. 2.1 It is submitted that co-?accused, who have been charge sheeted, have been enlarged on regular bail by coordinate Bench of this Court.
(3.) As against this, learned APP appearing on behalf of the respondent-?State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the offence is of serious nature where deceased has been shot at from close range. The evidence indicates use of firearm which has been discovered at the behest of the applicant. It is submitted that the prosecution has been able to produce sufficient evidence to establish motive., The truck in question was also discovered at the behest of the applicant and though ballistic report is awaited, there is sufficient evidence to connect the cause of death to use of firearm by the applicant.;