AJIZURRAHEMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present 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.11191012211619 of 2021 registered with Danilimda Police Station, District : Ahmedabad City for the offences under Ss. 384 , 386 , 387 , 452 and 506(2) of the Indian Penal Code.

(2.) Mr.Kadri, learned advocate for the applicant has submitted that the alleged incident occurred on 13/9/2021 and the FIR has been lodged on 3/12/2021 and thus, there is delay and no explanation is given by the complainant for the delay. It is submitted that the FIR is afterthought and has been lodged to pressurize the applicant. It is submitted that the investigation is over and chargesheet has been filed and the applicant is in custody since 4/12/2021. It is further submitted that the applicant is having antecedents but in all the antecedents the applicant is released on bail. It is submitted that the present offence is triable by learned Magistrate. It is submitted that the applicant is having family and property and there is no likelihood to run away. Mr.Kadri, learned advocate for the applicant has made a statement at bar that the wife of the applicant has filed an affidavit / undertaking to the effect that the applicant will not stay in Ahmedabad henceforth till the completion of trial and hence, as such there will be no apprehension of indulge in such type of activities by the applicant in future and also there will be no apprehension or threat to the complainant and witnesses. Affidavit filed by the wife of the applicant is taken on record.

(3.) Mr.R.C. Kodekar, learned APP appearing for the State has vehemently opposed the present application. It is submitted that the applicant is habitual offender, he has criminal antecedents and if the applicant is released on bail, he will threaten the witnesses and the complainant.