MANGAJI CHANDUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive bail application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No. I-11216009200387 of 2020 registered with Mansa Police Station, District:Gandhinagar for the offences punishable under Sections 302, 323, 147, 148, 149, 506(2) of Indian Penal Code and Section 135(1) of Gujarat Police Act. Learned advocate for the applicant submits that the applicant has not committed any offence as alleged against him and has been falsely implicated in the alleged offence . That, the investigation is already over and the charge-sheet is also filed. That, looking to the charge-sheet papers, no material is found by the investigation agency against the present applicant. That, looking to the statements of all the witnesses not a single statement transpires the role of the present applicant. That, co-accused having identical role were enlarged on regular bail by this Court, therefore, on the ground of parity, the applicant deserves to be enlarged on regular bail. That, considering the nature of allegations and role attributed to the applicant, he may be enlarged on regular bail by imposing suitable conditions.

(2.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted by learned APP that weapon used by the present applicant was recovered as per panchnama of recovery. He has referred affidavit filed by the Investigating Officer before the Sessions Court particularly Col. No. 23 and submitted that on wooden stick, there was reddish mark when it was seized by the Investigating Officer. That while deciding the previous application i.e. Criminal Misc. Application No. 10568 of 2020, this Court had observed that head injury was caused by the accused persons to the deceased. Referring charge-sheet at Annexure "B" page 18, it is argued that the applicant is involved in serious offence under Section 302 of IPC. Prima facie, the offence against the present applicant has been established by the prosecution. At this juncture, the prayer made by the present applicant cannot be accepted by giving any benefit of parity also, and therefore, no leniency can be taken in favour of the present applicant. Hence, it was requested by learned APP to dismiss the present applicant.

(3.) Having heard learned advocate for the applicant and learned APP for the respondent -State, it appears that as per allegations made in the complaint when nephew of the complainant was lying in the field, he was injured from the below part of the right side knee of the leg, blood was oozing. At that time, accused persons namely Mangaji Chanduji Thakore, Ishwarji Chanduji Thakore, Mehul Mangaji Thakore and Manoj Mangaji Thakore and Pintu alias Babuji Somaji Thakore all are residing at Dholakuva village were present. They informed the complainant that the nephew of the complainant namely Paresh was fleeing away with their daughter Jagrutiben and in this regard, they had made search and caught him . As the nephew of the complainant not complying the instruction given to him, he was beaten. Thus, the complainant was informed to take him to the hospital or to take him at his home at Village Ola. Complainant was threatened not to register any police complaint thereof, otherwise they will kill him. It appears from the contents of the complaint that it is nowhere stated that any blow was given by the present applicant with any weapon. That, previous application i.e. Criminal Misc. Application No. 10568 of 2020 was withdrawn by the present applicant and vide order dated 25.8.2020, he was permitted to approach learned Sessions Court concerned after period of six months. Thereafter, it appears that applicants have approached the learned Sessions Court, Gandhinagar by filing Criminal Misc. Application No. 282 of 2021 and such application vide order dated 17th March, 2021 was dismissed. That, one of the co-accused Mehul Mangaji Thakor , who has played similar and identical role as played by the present applicant, was released on regular bail by this Court in Criminal Misc. Application No. 5809 of 2021 vide order dated 18th June, 2021. It also appears that charge-sheet is also filed against the present applicant. It also appears that other two accused persons were also released on bail by this Court vide order dated 25th August, 2020 in Criminal Misc. Application No. 10568 of 2020. Therefore, this Court is of the considered view that benefit of parity is required to be given to the present applicant. This Court is inclined to exercise the power in favour of the present applicant by releasing him on bail with suitable conditions.