RAVINDRABHAI GHANSHYAMBHAI KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-C.R.No.246 of 2019 registered with Sarthana Police Station, Surat offence under Sections 304, 308, 114 of the Indian Penal Code.

(2.) Heard learned advocate, Mr. Masoom Shah appearing for the applicant, learned Public Prosecutor, Mr. Mitesh Amin appearing for the respondent State of Gujarat and learned advocate, Mr. Ashish Dagli appearing for the victims.

(3.) Learned advocate for the applicant submitted that the aforesaid FIR is filed by one Mr. Ayubbhai Adambhai Vadgama, Police Sub-Inspector, Sarthana Police Station, Surat, wherein it is stated that when the complainant was on duty, he got the information from his superior officer to reach at the Shopping Center Takshasila Arcade, near Sarthana Jakatnaka where the fire took place. The complainant, therefore, reached at the place of incident with his police personnel and he noticed that one firefighter was also present at the place of incident. It is further stated that whole building of Takshasila Arcade caught into fire and the boys and girls who were on the fourth floor of the said building started screaming and after that some of the boys and girls started jumping from the building. At that time, complainant and other police personnel tried to stop them by shouting. It is further stated that the crowd gathered at the place of incident tried to save the boys and girls who jumped from the building. On the the basis Surat City of the Police information Control room, various firefighter vehicles reached at the place of incident. Thereafter, they tried to control the situation. It is further stated that after the control of complainant fire by inquired the at firefighters, the place of the incident. During the inquiry, it was revealed that illegal structure has been carried out by accused Harsulbhai Vakariya and Jignesh Savjibhai Pagdal. The said premises was given to one Mr. Bhargav Butani on rent. It is alleged that Bhargav Butani was running the classes. Because of the illegal structure on fourth floor of terrace of the building and since no fire safety equipment were installed and in absence of fire exit, the incident has taken place.