GANPAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Public Prosecutor Mr. Amin waives service of Rule for the respondent-State.

(2.) This application is filed by the applicant - accused under Section 439 of the Code of Criminal Procedure for grant of Regular Bail in connection with C.R. No.11197054200074 registered with Varnama Police Station Vadodara (Rural) for the offences punishable under Sections 323 , 307 , 392 and 394 of the Indian Penal Code.

(3.) The case of the complainant is that the complainant is the friend of the original accused No.1- applicant herein therefore, the original complainant has handed Rs.48,000/- to the original accused No.1 and when in February 2019, the complainant demanded the same from the applicant, the applicant had beaten and injured the complainant on his head pursuant to which, the complainant had registered an FIR with Dabhoi Police Station. Thereafter, the applicant had accepted the hand loan amount of Rs.25,000/- from the complainant, from which the applicant had returned Rs.20,000/- to the complainant and thereafter, for recovery of the remaining Rs.5,000/- when the complainant demanded the same from the applicant, the complainant asked the complainant to come to the alleged place of offence, where the complainant came in a Ecco car and beaten the complainant badly and took away his mobile worth Rs.5,000/- and purse herein Rs.2,800/- was kept along with the license of the complainant and thereafter, the applicant tried to kill the complainant by driving his alleged Ecco car in reverse, upon the complainant and it is stated that the complainant has committed the alleged offence.