VIPULBHAI NAVALBHAI BIRARI 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 applicant-accused has prayed for bail in connection with the FIR being I-C.R.No.71 of 2019 registered with Vansda Police Station, District Navsari for the offences under Sections 143, 147, 149, 225, 332, 337, 395, 397, 307, 427, 435, 34 and 120B of the Indian Penal Code, 1860 (for short "the IPC") read with Section 135 of the Gujarat Police Act.

(3.) It is the case of the prosecution that the FIR has been registered by one ASI Pravinbhai Gamanbhai against eleven (11) persons and more 25 to 30 people's crowd. It is alleged that on 09.10.2019, there was a festival of Dussehra and programme of "Ravandahan" in the villages Mankuniya, Kandha and Anklachh. It is further alleged that the complainant, in his swift car, was on patrolling in those areas and is also when he was at village Pipalkhed, he received a secret information that certain persons are Gambling on road, which is called "Chikli Papli no Jugar". Therefore, the complainant with other Police personnel along with two panchas raided at the spot, at that time, some persons, who were playing, ran away from the spot but the Police caught two persons namely Vipulbhai and Nitinbhai, at that time 25 to 30 people's crowd gathered there along with the present applicant and they were started shouting and pelted stones and looted the seized muddamal of gambling from the Police. Therefore, the present FIR has been lodged.