RIYAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for bail in connection with the FIR being C.R.No. 11199056210064 of 2021 registered with Vagra Police Station, District: Bharuch, for the offences under Sections 323, 354A, 394, 448, 504, 506(2) and 114 of the Indian Penal Code, 1860 ( for short "IPC").

(3.) The case of the prosecution, in brief, is that the accused No. 4 namely Ferozaben Ayubbhai Patel had filed in the form of contesting election of Chanchvel Gram Panchayat as a member of Bhartiya Janta Party (for short "BJP"). She belongs to Muslim community and therefore, the original complainant's husband and other persons did not like that the accused No. 4 should contest the election from the BJP. Therefore, the husband of the original complainant along with other three persons namely Yunus Daudbhai Miyaji, Yusuf Daudbhai Miyaji and Mubarak Suleman Pathan and Mehmud Babu Adam Patel entered the house of the accused and alleged that yesterday the election is over and told that they were supporting the accused No.4 and they snatched away the gold ornaments worth Rs.3,60,000/- from Nishaben and Suhelaben and beaten them. Thereafter, the neighbours gathered and the above-named four persons ran away and used abusive language and had given threats. Therefore, a FIR No. C.R.No.11199056210063 was filed before the Vagra Police Station, District: Bharuch against the aforesaid persons at 08:35 am under Sections 323, 354A, 394, 448, 504, 506(2) and 114 of the IPC.