RAMILABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This regular bail application filed under Sec. 439 of the Cr.P.C., in connection with FIR CR. No. Part A 11822019213197 of 2021, registered with Navsari Town Police Station, Dist.: Navsari, for the offences punishable under Ss. 143, 147, 148, 149, 323, 325, 302, 120B and 34 of the Indian Penal Code, 1860 and under Sec. 135 of the Gujarat Police Act, 1951.

(2.) The applicant came to be arrested in the aforesaid offence on 19/11/2021. Chargesheet is filed on 27/12/2021. The regular bail application came to be rejected by the Sessions Court, Navsari vide its order dtd. 5/9/2022.

(3.) Brief facts leading to file the present application are that the incident happened on 18/11/2021, at the place, nearby the resident of the applicant. The deceased Vinod Bajrangi was convicted for the offence of murder and was on parole leave. Deceased was involved in the murder of son of the applicant. The FIR came to be disclosed by the father of the deceased. It is alleged in the FIR that on the day of incident dtd. 17/11/2021, deceased had come to place of the applicant, where minor kids were playing cricket in the open field adjacent to the house of the applicant and others. Deceased Vinod interfered in the game of cricket and took away cricket bat from one minor Mayank who happened to be a son of principal accused Sanjay. The minor and others complained of about the conduct of the deceased. The accused Sanjay, grandmother accused - Anita and Ranjanben came at the place to convenience the deceased where verbal spat took place amongst them, as a result of which, deceased, pushed away the accused Anita, who fell on the floor. In these circumstances, on making hue and cry by the accused, who were present at the place, the other persons came at the place and deceased was assaulted by accused Sanjay, his mother Anita, Ranjanben and co-accused with cricket bat, stump, cement block and pieces of bricks. Deceased severely injured and he was declared brought dead at the hospital. In such circumstances, 10 persons including the present applicant have been charged with act of unlawful assembly and being a members of unlawful assembly, they executed the murder of the deceased, causing fetal injuries and the motive behind the murder was that earlier the deceased was involved in the murder case where he killed the son of the applicant herein.