GAUTAMBHAI MAYABHAI GAMARA 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 him on Regular Bail in connection with I-C.R. No. 11211056200104 registered with Surendranagar City 'B' Division Police Station, District Surendranagar for the offences punishable under Sections 302 , 147 , 148 , 149 , 34 and 201 of IPC and Section 135 of the Gujarat Police Act.

(2.) Heard learned Senior Advocate Mr. Y.S.Lakhani appearing with learned Advocate Mr. Rahul R. Dholakia for the Applicant and learned APP for the Respondent State through Video Conference.

(3.) The brief facts as per the prosecution case is that the Applicant herein operates a Milk Parlor at Street No.3, Kumbharpara and one Jayeshbhai words with him. That Applicant has two brothers namely Hitesh and Jignesh and a sister namely sonal. That on the date of the incident i.e. 4.4.2020, he had gone to his milk parlor at about 9:30 hours and was there about 13:00 hours. Thereafter, he had again gone to his milk parlor at about 18:45 hours as the tanker for refilling the milk had not arrived. When the Applicant reached his milk parlor, Jayeshbhai was present at the shop. That the Applicant herein was waiting on his motorcycle outside his shop and was trying to contact one Mr. Yedu of Surendranagar Dairy. At about 19:30 hours, Ramabhai Bhimabhai Bharwad had come to the milk parlor of the Applicant on his motorcycle and fired from a revoler at the Applicant. That the Applicant had lost consciousness due to the same. He had regained consciousness at C.J.Hospital where he was brought by his cousin namely Vishal and after initial treatment, he was shifted to the emergency ward of T.B.Hospital, Surendranager.