PRAVINBHAI BODHABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No. 11193027210372 of 2021 registered with Khambha Police Station, Dist. Amreli, for the offences punishable under Ss. 302 , 120B , 34 of IPC.

(2.) The applicant is charged with Ss. 302 , 120B , 34 of the IPC. It is alleged that the applicant was part of criminal conspiracy hatched by accused nos. 1, 2 and 3 and in order to execute the criminal conspiracy to kill one Gigabhai Baraiya, they had caused fatal injuries, as a result of which, deceased succumbed to his injuries. The motive behind the alleged incident was that the son of deceased Vipul eloped with the one lady Kinjal who happened to be niece of the accused no. 1 and upon made repeated request to bring back the daughter Kinjal, the deceased and their family members did not respond properly. The incident took place between 2/6/2021 to 3/6/2021 at the farm of one Mr. Shivlalbhai, the resident of village: Juni Katar, Tal. Rajula, Dist.: Amreli. He informed the family members of the deceased about the dead body of the deceased lying at his farm. The family members informed the police and after completion of the procedure, the case was registered as accidental death. On 15/6/2021, the brother of the deceased Mr. Lakhabhai lodged an FIR inter-alia alleging that when he was standing nearby his house, the accused nos. 1 to 3 came on his bike and they were discussing that, they are in search of Vipul and if he is not trace-out, then they will kill his father Gigabhai. It is alleged that at that time, the accused no.1 Bharatbhai was armed with wooden stick.

(3.) In the aforesaid background facts, the complainant lodged an FIR, initially disclosing the names of 3 persons, who are related to the victim Kinjal, with whom son of the deceased, has love affair and without will and wish of the family members, she eloped with Vipul. During the course of investigation, name of present applicant and one Bhupatbhai Makwana have been disclosed and accordingly, they have been arrested.