DINESHBHAI GOBARBHAI KIYADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Pratik Y. Jasani, learned counsel for the applicant- accused, Ms. Krina Calla, learned APP for the respondent - State and Mr. Parth Tolia, learned counsel appearing for the original complainant through Video Conferencing.

(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.11208037200278 of 2020 registered with Kuvadva Road Police Station, Dist: Rajkot City, for the offence under Sections 323 , 324 , 337 and 114 of the Indian Penal Code and Section 135 of the G.P.Act.

(3.) Mr. Jasani, learned advocate for the applicant submits that, the applicant has been falsely involved in this case by the complainant as there is no evidence on record to indicate the involvement of the applicant with the alleged crime in question. Learned advocate Mr. Jasani further submits that, without admitting any of the allegations levelled in the FIR, it appears that, the incident in question was happened at the home of the complainant. It is submitted that there is a three and half month delay in lodging the FIR and considering the dispute between the family members of the parties, the present FIR is nothing by counterblast against the criminal prosecution lodged by the other side. In this background, it is submitted by learned counsel Mr. Jasani that, prima facie, no offence as alleged appears to be committed by the applicant.