JUDGMENT :

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. I165 of 2019 registered with Kadi Police Station, District: Mehsana for the offence punishable under Sections 302, 307, 364, 365, 342, 120(b) and 34 of the Indian Penal Code read with Section 135 of the Gujarat Police Act.

2. Heard learned advocate for the applicant, learned advocate for the original complainant as well as learned APP for the respondent State.

3. It is submitted by learned advocate for the applicant that applicant is falsely involved in the offence by the prosecution and no specific overt act or role has been attributed to the applicant in the entire FIR. That in the chargesheet papers and during the investigation, except one set of the witnesses, who are created by the prosecution, it is alleged that when the accused persons were assaulting the victim, the applicant and one Irfan @ Gori got out of the Creta car and brought out the victim Sharifkhan from the Creta Car, and thereafter, the other accused assaulted the said Sharifkhan. It is further submitted that one of the main accused namely Malek