- (1.)The present successive bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 11216009200387 of 2020 registered with Mansa Police Station, District: Gandhinagar for the offence punishable under Ss. 302 , 323 , 147 , 148 , 149 , 506(2) of the Indian Penal Code and Sec. 135 of Gujarat Police Act.
(2.)Learned advocate for the applicant submits that looking to the entire charge-sheet papers, there is no evidence against the present applicant. That, looking to the statements of all the witnesses, not a single statement transpires the role of the present applicant-accused. That, the present applicant has been implicated in the present case only on the basis of presumption which has been drawn from the statement of complainant. That, the other co-accused was also released on bail in Criminal Misc. Application No. 11747 of 2021 vide order dated 18/08/2021, so on the ground of parity, the applicant may be released on bail. That, considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
(3.)Learned Additional Public Prosecutor appearing on behalf of the respondent- State has strongly opposed grant of regular bail looking to the nature and gravity of the offence. He referred the statement of the eye witness Jagrutiben as well as affidavit of the Investigating Officer, and submitted that the involvement of the applicant in the offence is proved. It is submitted that the weapon used by the applicant is recovered. It is submitted that the girl was in contact with the deceased Paresh and he was called by the other co-accused and they have beaten the deceased, assaulted with the weapon and thereafter he was murdered. He further submitted that previous application was withdrawn by the present applicant, hence there was no substance raised by the applicant. It is submitted that the present application is required to be dismissed.