VISHV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel Mr.B.B. Naik, assisted by Mr.Sanjay Prajapati, learned counsel for and on behalf of applicant-accused, learned advocate Mr.Ekant Ahuja, for the original informant and Ms.Krina Calla, learned APP for the respondent-State.

(2.) This regular bail application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) by the applicant- accused in connection with C.R.No.11191005220281 of 2022, registered at Khadia Police Station, Ahmedabad, for the offences punishable under Ss. 143, 144, 147 , 148, 149, 201, 302 and 120B of the Indian Penal Code and under Sec. 135(1) of the Gujarat Police Act.

(3.) According to the prosecution case, accused no.1-Montu @ Namdar Gandhi is the cousin brother of the complainant - Pawan Mukesh Gandhi. Accused no.1 married to sister of the complainant in the year 1992 which was not acceptable by the family members, as a result of which, there were inter-se family disputes. The father of the complainant had executed the Will in the year 2020, wherein sister of the complainant was not given any share in the property and therefore, accused no.1 and his wife were aggrieved by the Will executed by the father of the complainant. Deceased - Rakesh Mehta stood in the witness in the Will and was very much associated with the family of the complainant. Accused no.1 was also aggrieved by the relationship of the deceased with the complainant.