KANJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant - accused under Sec. 439 of the Code of Criminal Procedure for enlarging the applicant on regular bail in connection with C.R. No. 11205043203332 of 2020 registered with 'B' Division Police Station Bhuj, District- Kachchh-West- Bhuj for the offences punishable under Ss. 302 , 364 , 120(B) , 34 and 201 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

(2.) Heard learned Senior Advocate Shri N.D. Nanavaty with learned advocate Mr. Vijay Nangesh and learned advocate Mr. Shailesh Desai for the applicant and learned APP Ms. Monali Bhatt for the Respondent-State.

(3.) The facts of the case in nutshell are that the first informant, who is the father of the deceased, on 15.12.2020 at about 4:00 p.m., when he was present at his farm situated at Sai Pichhana Road, he received a phone call from one- Vishalbhai Rabari, under whom his son was working, informing him that at about 10:00 A.M., the deceased and his friend - Durgesh Aahir were going towards Bhuj RTO and thereafter at about 1:30 PM to 2:00 PM, when he tried to call the deceased, his mobile phone was found switched off. That, therefore, said Vishalbhai called Durgesh, who infomed him that when he along with the deceased were standing at the gate of Bhuj RTO Office, between 1:00 PM to 1:30 PM, original accused no. 2 a resident of Village - Moda Rapar, whom he knows, called the present applicant. It is alleged in the FIR that it is informed by Durgesh to Vishalbhai that accused No. 3 and original accused no. 2 were talking with the deceased and the said accused persons have taken the deceased along with them. That, when the said incident was informed by Vishalbahi to the first informant, the first informant along with his relatives went to Bhuj and they reached Bhuj at about 12:00 AM in the night and they searched for the deceased near the RTO, and when the deceased was not found, the first informant had given a janvajog before the Bhuj 'B' Division Police Station. It is further contended that in the morning the first informant went to the Police Station for lodging the FIR for kidnapping, at that time, relative of the first informant i.e. Ishwarbhai Rabari called the first informant and informed him that a dead body of the deceased Jivan was lying near the pond situated at Village- Kunjisar and there are injury marks on the body of the deceased. It is further contended that therefore, the first informant did not go to Bhuj and went to Kunjisar Village, where he found dead body of his son i.e. deceased. It is also contended that since the deceased was in love relationship with the wife of the present applicant, therefore keeping a grudge against the deceased, the original accused nos. 2 and 3 have abducted the deceased from the Bhuj RTO Office.