JAYESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with the FIR being CR. No. 11215025200048 of 2020 registered with Sojitra Police Station, Dist- Anand for the offences punishable under Sections 302 , 307 , 504 , 323 , 506(2) , 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act.

(2.) Heard learned Advocate Mr. Vishal K. Anandjiwala for the Applicant and learned APP Ms. Nisha Thakore for the Respondent State through Video Conference.

(3.) The brief facts of the case in nutshell is that the the first informant got mobile phone worth Rs. 12000/- on credit. The cheque was given by the First Informant to the petitioner to return the said cheque on receipt of Rs. 12000/-. On the date of incidence some verbal exchange took place with return of cheque between first informant and petitioner herein. It is alleged that the accused No. 2 namely Sanju @ Mamo inflicted a stick blow on right leg. Thereupon the first informant fell down on the ground. Thereafter, he took out a knife and inflicted a blow on the left side of abdomen and right side of chest. The son of the first informant namely Darshan intervened thereupon Accused No. 3 - Bhavesh @ Baba inflicted stick blow on the head of Darshan. It is alleged that the present petitioner namely Jayesh and Accused No. 4 Yogesh caught hold of the son- Darshan and Accused No. 2 Sanjay inflicted knife blow on right side of the abdomen and accordingly FIR came to be registered and thereafter the First Informant namely Dharmesh N. Pandya after 1 month and 10 days succumbed to the injuries sustained by him on 19.04.2020 and report was made to add Section 302 of IPC.