MARIYA RAVIRAJ MULJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Hriday Buch for the applicant, learned advocate Mr. Ashok Purohit for the original complainant and learned Additional Public Prosecutor Ms. Chetna M. Shah for the respondent ? State through video conference.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No. I - 131 of 2019 registered with Botad Police Station, District: Botad for offence under Section 302 read with Section 34 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(3.) Learned advocate Mr. Buch submitted that the applicant has not played any active role in the commission of offence, as per the charge ?sheet papers though stated in the charge ?sheet as well as in the affidavit of the Investigating Officer before the Court below. He relied upon the statements of eyewitness Dineshbhai Ishwarbhai Chauhan recorded on 09.09.2019, 10.09.2019 and 18.09.2019, wherein, he has stated that the applicant was standing behind the Chakdo ?rickshaw of the deceased, when other two accused persons Ruturaj and Keval were inflicting blows upon the deceased.