PANKAJ Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an F.I.R. being C.R. No.11210025202113 of 2020 registered with Limbayat Police Station, Dist.Surat for the offences punishable under Sections 302, 323, 143, 144, 147, 148, 149, 269, 188, 34 of the Indian Penal Code, 1860, under Section 135(1) of the Gujarat Police Act and under Section 3 of the Epidemic Diseases Act.

(3.) The case of the prosecution in brief is that, the first informant is a friend of the deceased and on 29.04.2020 at around 6.00 p.m. when the first informant was out to take vegetables from near Gyan Sagar School at that time, he had seen the deceased going towards his society at around 7.00 pm., and therefore, the first informant had followed him. Thereafter, when the deceased reached near a vacant plot opposite to Plot no.180, Vrundan Nagar Society, accused person namely, Raju @ Raju Bajrangdal Yadav (i.e. the present applicant) was standing there and started arguing with the deceased and thereby pushed him and, therefore, the deceased had fallen on the ground and at that time, from the vacant plot the accused person namely Sanjay Yadav (brother of the applicant) came with a Baseball bat in his hand and another accused namely Suraj @ Vakil Yadav also had having Baseball bat in his hand and his brother namely Ajay Yadav and Prakash Yadav also had bat and stump in their hands whereas, Chandan Upadhyay had a wooden log and his brother namely Suraj Upadhyay had a sword and Shivam Dubey had a wooden log and all of them came on the road and started beating the deceased randomly, wherein, the accused namely, Raju @ Raju Bajrangdal Yadav had taken out a dagger from around his waist and gave blows on the deceased on neck and chest and Suraj Upadhyay had beaten with his sword on the face and all of them had randomly beaten the deceased with their weapons and because of shouting, people had gathered and all of them had ran away and when the first informant ran towards the deceased, he was badly bleeding and his face was badly injured and had injuries on neck, chest and stomach and as the relatives of the deceased had came, they took him to the hospital and the complainant had also gone to the hospital and after 15 minutes, the doctor on duty had declared him dead. Therefore, subsequently, the said F.I.R. came to be filed against the accused persons as narrated in the F.I.R. in detail.