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2025 Supreme(GUJ) 190

HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
CHAUHAN FIROJKHAN RAHIMKHAN KAMALKHAN – Appellant
Versus
THE STATE OF GUJARAT – Respondent


Petitioner Advocates:MR MG NAGARKAR(496) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER :

(HASMUKH D. SUTHAR, J.) 

1. RULE. Learned APP waives service of rule for the respondent-State.

2. The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “ BNS S”) for regular bail in connection with FIR being C.R. No.11206023240368 of 2024 registered with Kheralu Police Station, Mehsana for the offences punishable under Sections 103(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and Section 135 of the GP Act.

3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 02.08.2024. It is submitted that the applicant is named in the FIR solely on the basis of suspicion, as there was a dispute regarding a monetary demand between the applicant and the deceased. There is no iota of evidence connecting the applicant to the offence, and there is also no eyewitness, despite the incident took place in a public place in broad daylight. Even the prosecution has failed to produce any evidence indicating the applicant's role in the commission of the offence or involvement in the present

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