BHAVESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-121 of 2018 registered with Khambhaliya Police Station, District: Devbhumi Dwarka for the offences under Sections 302 , 143 , 147 , 148 and 149 of the Indian Penal Code and under Section 135 (1) of the Gujarat Police Act.

(2.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions. The co -accused Harsur Harbhambhai Kariya has been enlarged on regular bail vide order dated 28.11.2019 in Criminal Misc. Application No. 18726 of 2019 by this Court as well as other co-accused Devdasbhai Kanabhai Kariya and Lakhmanbhai Ranmalbhai Kariya are released on bail vide order dated 11 th March 2020 in Criminal Misc. Application No. 23804 of 2019 and Criminal Misc. Application No. 1302 of 2020 respectively. That, lesser role was played by the present applicant and other co-accused are released on regular bail. Admittedly, the trial is not commenced and thus, on the ground of parity the present applicant may be released on regular bail.

(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. Earlier the application filed by the present applicant being Criminal Misc. Application No. 10817 of 2019 was withdrawn vide order dated 21.08.2019 with a liberty to file fresh application if the trial is not concluded within a period of six months.