NATHEKHAN SHRAVANKHAN BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R.No.11195009200228 of 2020 registered with Chhapi Police Station, District: Bansakantha for the offence punishable under Sections 379 , 285 , 120(B) and 34 of the Indian Penal Code; Section 15(2) and 15(4) of Petroleum and Minerals Pipeline Acquisition Right User Inland Act and Section 3 of the Damage of Public Property Act.

(2.) Learned advocate for the applicants submits that considering the nature of allegations, role attributed to the applicants, the applicants may be enlarged on regular bail by imposing suitable conditions. Learned advocate for the applicants further submits that co ?accused persons have been released on regular bail by the learned Sessions Court, Palanpur. Thus on the ground of parity, the present applicants may be released on bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent ?State as well as learned advocate for the respondent No.2 have strongly objected the arguments advanced by learned advocate for the applicants and submitted that the applicants themselves are in possession of the field from which the offence was committed by them. It is further submitted that the ground of parity would not be available to the present applicants as the participation in commission of the offence is graver rather than participation of the co ?accused, who are released on regular by the learned Sessions Court, Palanpur. It is further submitted that prima facie involvement of the present applicants is clearly made out by the present applicants from the investigation and investigation is under progress and therefore, no prayer can be granted at this stage. Hence, it was requested by them to dismiss the present application.