ARAB AADAM ABDULLA BOLIYA 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-CR No.84 of 2018 registered with Mundra Police Station, Kutch for offence under Sections 302, 307, 143, 147, 148, 149, 323, 324, 34, 201, 504 and 427 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that it is a case of over-implication as all the family members have been sought to be implicated and therefore, the applicant is also implicated only on the ground that the applicant is also one of the family members and that no overt act is attributed to the applicant.

(3.) Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the case of the prosecution against the applicant is the accused namely Aarab Aadam Boliya and the complainants were holding grudge against each other since the last election of Gram Panchayat. Therefore, accused Shakina Aarab had submitted application to police against the deceased Mangal Myajar Chavda. Holding grudge about it, the accused in this case Aabid Aarab Boliya, in his Bolero car, reg. no. GJ.12.CD.669 reached to Panjrapol chawk of the village where complainant Ritesh Myajar, Bhargav Pancha, Jigar, Chetan Naran, Mangal Myajar were sitting. Upon reaching there, the accused started hurling abuses at Mangal who was sitting on the tractor. Mangal asked him not to abuse. He instigated Mangal by abusing him. Thereafter, he hurled abused at Bharat Myajar near his house at Ahirvas and instigated him and then fled in his Bolero car from Bharat's house. Therefore, when Bharat was going to complain to his father Aarab, in his Ritz car, Mangal and Chetan, by tractor and the complainant Ritesh, Bhargav and Jigar followed him with motorcycle. When Bharat reached to his house, Aabid got down from his Bolero car and Bharat started to talk about the abusive language. He brought spear from his house. Meanwhile, the accused Shakinaben also threw weapons from the balcony and instigated to kill the complainant and witnesses. They attacked Mangal and Chetan who had arrived by tractor. The accused Aabid inflicted grave injuries by spear and accused Shakina Aadam, Jalabai and Reshma inflicted grave injuries by sticks to Mangal and caused his death. Chetan escaped from the scene upon attack and while chasing him, accused Aarab intercepted complainant Ritesh, Bhargav and Jigar and inflicted injuries to Bhargav with his knife. Meanwhile, Aabid reached there and he also inflicted grave injuries to Bhargav with spear and as Bhargav collapsed, the accused Anvar Aamad, Mustak Aamad, Gani Luhar also inflicted injuries to Bhargav with sticks. Upon attacking Bharat, Ritesh and Jigar and when they tried to escape, Aabid chased Bharat and knocked him down by inflicting injuries by his spear. While Chetan was trying to put injured Bharat in Ritz car, Aabid inflicted injuries to him with spear and he was struggling for life lying on ground. At that time, Aarab instigated in his language that no one should be spared. At that time, Shakina, Jalabai, Aadam, Abdul Aarab, Salemamad, Anvar Amad, Mustak Amad and Reshma Iqbal began to beat Chetan who was struggling for life with their weapons and caused his death. Meanwhile, as it came to know to the other witnesses, they came there to save the injured. At that time, Shakina, Jalabai, Aadam, Anvar Amad, Mustak Amad and Abdul Aarab and Abid caused injuries to complainant Ritesh by assaulting them. At that time, accused Abdul Aarab Boliya drove his Bolero car at full speed towards the persons of Ahir community, who were standing there, with an intention to cause their death. As the Ahirs moved, it went towards the motorcycles of complainant, dashed with motorcycle and Bharat's Ritz car which were lying there and caused damage and injured to the complainant. In furtherance of their common intention the accused persons of this case, gathered, assaulted on the complainant and witnesses with deadly weapons, pelted stones and caused injuries and then caused death of the complainant and witnesses including, (1) Bharat Myajar Chavda, (2) Mangal Myajar Chavda, (3) Chetan Naran Chavda, (4) Bhargav Panchabhai Chavda. The accused persons destroyed evidences, washed and hid the clothes worn at the time of incident and burnt the weapons used at the time of the incident.