A.Y. KOGJE,J - (1.)The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CRNo.11214021211045 of 2021 registered with Kosamba Police Station, Surat Rural for offence under Ss. 379, 408, 413, 120B and 114 of the Indian Penal Code, 1860.
(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. Learned advocate for the applicant has submitted that the applicant has been arraigned as an accused only on the basis of presumption with the articles, which were in the process of being stolen, were to be delivered to the applicant. He has submitted that as per the affidavit of the Investigating Officer there is no antecedent and therefore, Ss. 413 and 114 of IPC cannot be attracted.
(3.)Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.