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2021 Supreme(Online)(Guj) 5913

GUJARAT HIGH COURT
GANPATBHAI MAVABHAI NAYAK – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Heard learned advocate Mr. Padmraj K. Jadeja for the applicant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent – State.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11821014210367 of 2021 with Dhanpur Town Police Station, District:- Dahod for the offence punishable under Sections 394, 325, 323, 504, 506 (2) and 114 of the Indian Penal Code.

3. Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. On the other hand, learned APP appearing for the respondent –

State opposed grant of regular bail looking to the nature and gravity of the offence.

5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considere

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