SAFIYODDIN 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. 347 of 2019 registered with Salabatpura Police Station, Surat, for offences punishable under sections 302 , 307 , 504 , 506(2) , 114 of the Indian Penal Code and section 135 of the Gujarat Police Act.

(2.) Mr. B.C. Dave, learned advocate for the applicant, submitted that the only allegation levelled against the present applicant is of giving threat of dire consequences. He submitted that the one stab injury was given by [email protected] Ulala Yakub Pathan and the motive is attributed to that co-accused since there was animosity, as the co-accused was under the impression that complainant Son - deceased Shahid khan was influencing his maternal cousin Altaaf for taking the way of some illegal drugs. He further submitted that no injury has been caused by the present applicant. Initially, the complaint was filed under Section 307 of the IPC but as the deceased succumbed to stab injury, Section 302 of the IPC was added in the complaint. 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 mother of the deceased has filed complaint and the motive becomes very clear in the report filed by the Police Inspector on 16.08.2020. She further submitted that the chargesheet has been filed which involves both the co-accused. She further submitted that the clothes and motor bike has been recovered from the present applicant, which shows the active role of the applicant in the occurrence.