ARJANBHAI SAMATBHAI RAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application is filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.11213064220182 of 2022 with Upleta Police Station for the offence punishable under Ss. 143 , 147 , 148 , 149 , 307 , 325 , 324 , 338 , 504 , 506(2) of the Indian Penal Code, 1860 read with Sec. 135 of the Gujarat Police Act.

(2.) Heard Mr. N. D. Nanavati, learned senior counsel with Mr. Ruchit Vyas, learned advocate, for the applicant, Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent-State

(3.) Mr. Nanavati, learned senior counsel for the applicant has submitted that the present FIR is filed by Deputy Sarpanch at the instance of Sarpanch with a view to settle his person vendata against the present applicant. Mr. Nanavati, learned senior counsel for the applicant has submitted that the first informant is not an eye-witness neither the Sarpanch. The FIR came to be lodged upon hearsay.