ORAL ORDER

[1.0] RULE. Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short “CrPC”) for regular bail in connection with FIR being C.R. No.11213023230201 of 2023 registered with Jetpur Taluka Police Station, Rajkot (Rural) for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code, 1860 and section 135 of the Gujarat Police Act .

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Further, the applicant is senior citizen and is in jail since last one year. Investigation is over and charge-sheet is filed and there is no possibility of conclusion of trial in near future. The applicant is the sole bread winner of his family. Even, perusing the investigation papers, as per the prosecution case, present applicant has inflicted the injury on the deceased with axe but the use of weapon itself is contradictory. In the complaint and in the charge-sheet, there is mention of Dhariya (Scythe). Even, initially the complaint was filed against six persons out of which char