SANJAYBHAI TAJUBHAI NINAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent State.

(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 C.R.No.11821033210077 of 2021 registered with Limdi Police Station, District Dahod for the offences under Sections 324, 427, 143, 147, 148, 149 and 504 of the Indian Penal Code, 1860 (IPC) and Section 135 of the Gujarat Police Act.

(3.) It is the case of the prosecution that on the day of election of taluka panchayat i.e. 28.02.2021, the complainant got caught by the accused persons, who came into SUV car and assault him. Accordingly, the victim was beaten by the pipe, sword etc. and he suffered simple injuries, accordingly he was discharged from the hospital. It is further alleged that the Investigating Officer has submitted an affidavit, wherein, it is made very clear that it is nothing but a political rivalry and on the date of the election there was scuffle between the complainant and the accused persons, as they are of opposite contesting parties, wherein they are not figuring out the specific role just because the present applicant has not played any role and nowhere involved in the offfence and hence, the FIR has been lodged. It is alleged that other accused persons, who are directly involved in the offence are directly attracted to them are released on regular bail by the Sessions Court.