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2025 Supreme(Online)(Guj) 5071

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
CHIMANBHAI VITTHALBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR.DARSHAN A. DAVE
For the Respondents: MR ROHAN SHAH, APP

ORAL ORDER

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

[2.0] The present successive bail application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita , 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No.11199056240242 of 2024 registered with Vagra Police Station, Dist. Bharuch, for the offence under Sections 302 , 143, 147 and 149of the Indian Penal Code , 1860.

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Allegation against the accused is that, deceased Prakashsinh has teased and molested the wife of one Kanubhai Maganbhai Rathod and by keeping the grudge, all the accused formed an unlawful assembly with deadly weapons and killed the deceased. In this regard, FIR came to be filed. He has submitted that, the applicant has not played any active role nor he inflicted any blow to the deceased. He has no any direct enmity with the deceased. Only in CCTV footage, presence of the applicant is recorded and based on that material, he has been arraigned as accused. Except

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