CHAUDHARY DALJIBHAI MOTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.N.D.Nanavati for learned advocate Mr.Tushar Chaudhary for the applicant, learned APP Mr.L.B.Dabhi for the respondent State and learned advocate Mr.Zubin Bharda for learned advocate Mr.Kishan Prajapati for the respondent.

(2.) The applicants, apprehending their arrest in connection with the FIR bearing C.R. No.11206023220441 of 2022 registered on 9/7/2022 with the Kheralu Police Station, District Mehsana, for the offences punishable under Sec. 306 read with Sec. 114 of the Indian Penal Code, have preferred this application under Sec. 438 of the Code of Criminal Procedure, 1973, praying for pre-arrest bail.

(3.) Learned senior advocate Mr.N.D.Nanavati on behalf of the applicants would take this Court through the FIR and would submit that the allegations levelled in the FIR being that the deceased was residing in a property which was adjacent to a road where the present applicants were putting up a commercial construction and whereas the deceased apprehended that his right of way to his own property may not remain intact after the property is constructed by the applicants, therefore he had approached the applicants who, at the relevant point of time, allegedly promised the deceased that if he were to purchase a shop in the property, then they would ensure that his right of way is left intact. It appears that later on the deceased realized that the applicants were going to use the way, through which the deceased used to went to his property, as parking, thereupon the deceased had sought for return of his money and whereas he was not given the money back. It appears that it is in such context the deceased had unfortunately committed the act in question.