Rule.
Learned Additional Public Prosecutors waive service of notice of Rule for the respondent-State.
2. This application has been preferred for regular bail, under Section 439 of the Code of Criminal Procedure,1973 in connection with the offence registered with Bavla Police Station bearing C.R.No.I ý 35 of 2008 for the offences punishable under Sections 147, 148, 149, 302 and 506(2) of the Indian Penal Code.
3. Having heard the learned counsel for both the sides and looking to the evidence on record, I am not inclined to entertain this application, for the following reasons:
(i) Firstly, for the reason that there is a statement of eye-witness, which categorically involves the present applicants. Looking to the statement of Prabhubhai Visabhai, there is a case against the present applicants. They have played vital role in committing death of Prabhubhai Dharamsinhbhai;
(ii) Secondly, for the reason that the statement given by another witness namely Babuben Prabhubhai, it appears that she has clearly stated in her statement that the deceased was lastly in the company of the applicant on previous night of the incident and on the very next day, the deceased's dead body was found from the place nearby the field of Natubhai.
(iii) Thirdly, for the reason that looking to the other evidences on record viz. Panchnama of scene of offence, Postmortem note, Inquest Panchnama, etc., there is a prima facie case against the present applicants.
4. Learned counsel for the applicants has argued out at length about intention of the applicants, no previous enmity, no motive of the applicants, but, as this is a bail application stage, this Court is not much evaluating and analyzing the statement of the witnesses in detail. Suffice it to say that the present applicants are prima facie, involved in commissioning of the offences as alleged by the prosecution and if they are enlarged on bail, there are all chances that they may tamper with the evidence and may not be available to the court, at the time of trial.
5. As a cumulative effect of the aforesaid facts and reasons, looking to the gravity of the offence, quantum of punishment, the manner in which the applicants are involved in the offence and also keeping in mind the statement of witnesses, I am not inclined to enlarge the applicants on bail. There is no substance in these applications and, therefore, the same is hereby dismissed. Rule is discharged.
(D.N.PATEL,J) *dipti