BHUPATBHAI DEVUBHAI MALVANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being I-C.R. No.86 of 2019 registered with Surendranagar City 'A' Division Police Station, Surendranagar for offences punishable under sections 386 , 326 , 452 , 323 , 504 and 114 of IPC.

(2.) Mr. Y.H. Motiramani, learned advocate for the applicant, submitted that the main allegation against the applicant is of extortion and of having forcibly entered the house of the complainant with the co-accused with the ulterior motive of extorting money. However, there is nothing on record to prove that the applicant had attempted to extort money. It was contented that the applicant has been charged for the offence under section 326 IPC; however, the victim has not sustained any major bodily injury. It was submitted that since the applicant herein had filed a complaint against one of the Jail Assistants with the Anti-Corruption Bureau in 2018, the impugned first information report came to be filed against the applicant as a counter-blast thereof.

(3.) Ms. Nisha Thakore, learned Additional Public Prosecutor, submitted that the applicant along with co-accused had forcibly entered the house of the complainant. Thereafter, the complainant and sister-in-law were pushed aside by the applicant and when her husband and father-in-law of the complainant attempted to intervene, the applicant inflicted a knife blow on the father-in-law of the complainant, on account of which the father-in-law sustained severe bodily injuries. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.