PRIYANK 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 FIR being I- C.R. No. -101 of 2019 registered with Vapi Town Police Station, District - Valsad for the offences punishable under Sections 143 , 147 , 148 , 149 and 302 of the Indian Penal Code.

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

(3.) It is stated in the FIR that the present deceased was a color Contractor and on 20.12.2019 as per routine the deceased i.e. Azad Jagan Yadav left for his work at 8.00 am in his personal vehicle. Around 12.00 noon the deceased returned and took his family (Complainant and two sons) for lunch at Hotel in Vapi. Thereafter they went to D- Mart for grocery shopping and returned to their house at around 3.30 pm, after which the Deceased person left for his work again. It is alleged by the complainant that on 21.12.2019 around 12.30 am., one Mukeshbhai and Dharmendrabhai along with two others (i.e. Hiteshbhai and Vikasbhai - not named in FIR- worked with the deceased) brought the Deceased in partial unconscious conditions to his residence. The complainant saw the deceased's clothes, full of dirt and covered with mud and also saw injuries/bruises on his back whereby she asked the Deceased and upon inquiry the deceased stated that the present applicant (i.e. Pinku who owns Grocery Shop) and his friends namely Mehul, Ritesh, Pragnesh and Pakiyo have beaten him with wooden stick and have given fist blows. Further, it is alleged by the complainant that upon inquiry to the person(s) who brought him, they stated that they found the deceased at Cricket Ground near Moti Sulphad, Dhodiyawad. Later, it is alleged that they took the deceased to the 21st Century Hospital at Vapi and he was taken to Emergency Room and then shifted to I.C.U for further treatment where one Hiteshbhai not named in FIR was present inside and after sometime all the persons were called inside I.C.U and the treating Doctor declared the patient dead and FIR came to be lodged.