GIRABEN RAMANBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(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.I-11188007210083 of 2021 registered with Meghraj Police Station, District Aravalli for the offences under Sections 307, 338, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860.

(3.) The case of the prosecution is that in the morning of 24.02.2021, the first informant went for his work and from there he had gone to the house of his aunt at Village Borsi and while returning at around 4 p.m. along with his cousin brother, one person Manabhai Somabhai Tabiyad (original accused No.1) met them en route, near the house of Ramanbhai Badabhai Damor, and told him to settle the dispute, for the complaint filed before Meghraj Police Station, otherwise he would kill him. It is also alleged that original accused No.1 used abusive language and caught his neck and another person - Govindbhai Badabhai Damor (original accused No.2), while using abusive words, threw a brick at the head of the first informant and due to which blood came out from his head and he fell down. It is further alleged that at that time Giraben Ramanbhai Damor (the present applicant) came there to help Govindbhai Badabhai and beaten him with the kick blows and told to kill him. It is also alleged that the cousin brother of the first informant, who accompanied him, got feared and rushed to the house of the first informant and informed his parents about the incident and they reached at the place of the incident. It is alleged that on seeing the family members of the first informant, the accused left the place. It is also alleged that thereafter the first informant was brought to the hospital at Meghraj by 108 Ambulance and from there he was shifted at Modasa for further treatment and thereafter, he was shifted to the Civil Hospital at Ahmedabad and there the first informant took treatment. Consequently, the present FIR has been registered.