ORDER :

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.84 of 2018 registered with Mundra Police Station, Kutch for offence under Sections 302, 307, 143, 147, 148, 149, 323, 324, 34, 201, 504 and 427 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that it is a case of over-implication as all the family members have been sought to be implicated and therefore, the applicant is also implicated only on the ground that the applicant is also one of the family members and that no overt act is attributed to the applicant.

2.1 It is submitted that it is a case of cross-case and the cross-case filed is also for offence under Section 302, IPC and in the incident, the applicant has also lost two of his family members, viz. father and son. It is submitted that the applicant is the only person who is in custody. Otherwise, rest of the accused have already been enlarged on