RAJUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for bail in connection with the FIR being I-C.R. No. 34 of 2019 registered with Babara Police Station, District : Amreli for offences punishable under sections 143 , 147 , 148 , 149 , 302 , 120(B) of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Mr. Umang Vyas, learned advocate for the applicant, submitted that the deceased was having illicit relationship with Nimuben W/o Ashwinbhai Gordhanbhai Vahani and it was therefore, alleged that all the accused had conspired to kill him. He further submitted that missing complaint was given on 20.03.2019 and after delay, the offence was registered on 02.04.2019. He also submitted that during the course of investigation, statement of Bhavnaben Vahani was recorded which is almost after 22 days of the registration of the FIR, as per her statement, she had not seen the weapon used by the accused. Mr. Vyas also submitted that the dead body was recovered from Well, and except the statement of Bhavnaben, no other evidence is against the present applicant. It was, therefore, prayed that the present application may be allowed and the applicant herein be released on regular bail.

(3.) Ms. Nisha Thakore, learned Additional Public Prosecutor, submitted that date of incident is 16.03.2019 and the missing complaint was given on 20.03.2019. She further submitted that the present applicant has inflicted blow with iron rod on the deceased and during the investigation call details were recorded, which reflects that the accused were in constant touch. The weapon used by the present applicant was recovered from the field of the applicant which, prima facie, shows involvement of the applicant in the offence. It was therefore, prayed for rejection of the present application.