MILANBHAI VIRAMBHAI ODEDARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C.R. No.11185001210553 of 2021 registered with Bhanvad Police Station, Devbhoomi Dwarka for the offences punishable under Ss. 302, 120(B), 447, 506(2), 113 and 114 of the Indian Penal Code and under Sec. 135(1) of the Gujarat Police Act.

(2.) Learned Advocate for the applicant submitted that the only witness who claims to be an eye witnesss, ie. Radhu alias Raghubhai Shambhubhai states that the person who had earlier come, had come with a covered face. It is submitted that his conduct itself becomes very doubtful since he had left the place and till morning, he had not informed anyone about the incident. It is also submitted that when the dead body was found, the right hand was eaten away by some animal. No test identification parade was conducted. It is further submitted that the co-accused - Manshukhlal Ravjibhai Javiya has been granted bail vide order dtd. 25/11/2021 passed in Criminal Miscellaneous Application No.18234/2021. It is submitted that the present applicant did not have any enmity or any grudge with the deceased. The only allegations against the present applicant are of performing a recee to enquire about the presence of the deceased, at his farm/field. It is submitted that the present applicant had a conversation with the co-accused and on that basis, the applicant has been made an accused and in the discovery panchnama, the applicant is attributed with a stick. It is therefore, that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor submitted that a dog squad was used to find out the presence of the accused. Further, the CDR details and the discovery in the hands of the co-accused, attribute the present applicant to be present at the place of offence. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.