VIKIBHAI RAJESHBHAI HARIBHAI CHUNARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439 of the Code of Criminal Procedure is for grant of regular bail to the applicant in connection with the FIR being C.R. No. 11215012210034 of 2021 registered with Khambhat City Police Station, Dist. Anand, for the offence punishable under Ss. 302 and 504 of IPC and Sec. 135 of G.P. Act.

(2.) Heard learned counsel Mr. Yatin Soni, Mr. Valimamad Pathan and Ms. Krina Calla for the respective parties.

(3.) Brief facts leading to fling of present application are that, the FIR came to be registered on 24/1/2021 stating therein that, deceased Sanjay and the applicant herein are residing in Khambhat city. On the day of incident, accused came nearby the house of the deceased and hurled the abusive words for which deceased Sanjay requested him not to use such kind of words, as a result of which, verbal spat took place between them. In such circumstances, the applicant gave a single stick blow upon the deceased and pushed him, as a result, he fell down on the floor. It is further case of the prosecution that brother of the deceased also sustained injury when he intervened to rescue the deceased. It is further case of the prosecution that, deceased was become unconscious after fell down on the floor and was taken to nearby hospital where he declared dead. The applicant herein apprehended on 27/1/2021 and after completion of investigation, chargesheet came to be filed before the concerned Court. Bail application preferred by the applicant came to be rejected by the Sessions Court concerned vide order dtd. 2/2/2022. Aggrieved with the impugned order, the applicant has come up before this Court seeking regular bail by way of present application.