CHANDUBHAI BUDHABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the FIR being I CR No.11196016200138 of 2020 registered with Makarpura Police Station, Vadodara for the offence punishable under Sections 397 , 411 and 413 of the Indian Penal Code.

(2.) Heard Mr. Bhavin S. Raiyani, learned advocate for the applicant and Ms. Shruti Pathak, learned Additional Public Prosecutor for the respondent State, through video conference.

(3.) Mr.Raiyani, learned advocate for the applicant submitted that the applicant has not been named in the First Information Report and there is no recovery or discovery made from the possession of the applicant. It is submitted that the court below has rejected the application preferred by the applicant on the ground of criminal antecedents. It is submitted that the learned Sessions Judge has failed to consider that the applicant was implicated in undetected offences which were registered in the year 2019, however, the Investigating Officer has not produced the evidence or material indicating the involvement of the applicant with other four offences either directly or indirectly. It is submitted that the court below rejected the application of the applicant vide order dated 27.4.2020, however, thereafter the learned Sessions Judge has granted regular bail to the other co- accused who have been attributed identical role in the commission of the offence. It is submitted that so far as one of the accused is concerned, this Court, vide order dated 6.8.2020 passed in Criminal Misc. Application No.7288 of 2020, has granted bail. Under the circumstances, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.