ADITYA PRAVINBHAI PATHAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 438 of the Cr.P.C. for anticipatory bail in connection with the first information report being C.R. No.-I-11197057200396 of 2020 registered with Vaghodiya Police Station, Vadodara.

(2.) Mr. Abhiraj Trivedi, learned advocate for the applicant, submitted that the alleged offence would not fall under section 302 IPC, but would fall under section 323 IPC. It was submitted that if the CCTV footage of the incident is examined, it would be clear that the applicant had not effected any grievous injury on the person of the victim. Learned advocate submitted that death might have been caused on account of medical negligence and the applicant cannot be attributed with the act of causing death of the victim.

(3.) Countering the argument, Ms. Monali Bhatt, learned Additional Public Prosecutor, submitted that the contents of the first information report itself show that there were eye witnesses to the incident. Their statements prove the factum of occurrence of the incident. The applicant, being a Physiotherapist, had the knowledge of the effect of the blow inflicted by him upon the person of the victim. The post-mortem report also discloses the fact that death was caused on account of the blow inflicted by the applicant.