JAISINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being C.R. No. 11192019200170 of 2020 registered with Dholera Police Station, District- Ahmedabad Rural for the offences punishable under Sections 307 and 504 of the Indian Penal Code.

(2.) Heard learned Advocate Mr. Jay M. Thakkar for learned advocate Mr. Dhruvin P. Bhuptani for the Applicant and learned APP Mr. H. K. Patel for the Respondent State through Video Conference.

(3.) It is stated in the FIR that complainant namely Bhupendrasinh Pravinsinh Chudasama, age- 36 years, working as a cashier at Petrol Pump and is resident of Bavaliya, Taluka - Dholera, District - Ahmedabad. It is alleged in the FIR that along with the complainant other person is working viz. Mahendrasinh Dalpatsinh who is working as Manager, Jagdevsinh Dalpatshin who take care of the Petrol Pump, another person namely Surendrasinh Jagdevsinh works as a Supervisor. One Mahendrasinh comes to the pump once in every 15 days. Dharmeshbhai Chandubhai Makwana fills Petrol - diesel, Mayurbhai Veljibhai Makwana serves tea- coffee at the pump and in the night hours Jagdishbhai Danabhai Khoda acts as a reliever. On 07.07.2020 in the evening hours of about 4:30 pm One Trailer/Truck came to the said Petrol Pump to get diesel filled up wherein the driver asked the pump person that his boss will pay them through Paytm and the complainant had sent the Paytm code to the owner of the Trailer but for almost two hours no amount was received, hence, the complainant asked Dharmesh Chandubhai to ask the driver of the trailer /truck driver and he moved the truck outside of the Petrol Pump but hurled abuses to Dharmesh Chandubhai and after that till late evening he stood near his tempo and in the evening hours at around 7:30 pm when Surendrasinh Jagdevsinh along with Mayur Veljibhai Makwana went on their bike and soon after that the complainant observed that the truck driver went after those two with his trailer / truck and on seeing that the complainant immediately called Surendrasinh & Mayur but none received the call so complainant left the pump to follow them and later they received a call saying that one accident has occurred near Krishna Hotel and soon the complainant reached there and a person informed the complainant that a blue colored trolly hit the biker and ran away and thus after this incident the FIR came to be lodged.