HIRENBHAI HITESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this application under Sec. 438 of Code of Criminal Procedure, the applicant - Hiren Hiteshbhai Patel is seeking pre- arrest bail in connection with the FIR being C.R.No. 11188009200014 of 2020 registered with Modasa Town Police Station, Dist.Aravalli, for the offences punishable under Ss. 307 , 397 , 452 , 324 , 323 , 143 , 147 , 148 , 504 and 506(2) of the Indian Penal Code, 1860.

(2.) The facts and circumstances giving rise to this application are that the complainant Miraj Desai and injured Anand Patel were serving as rector of Sunrise Hostel, situated at second floor, block D, Tattvam Arcade, city Modasa, Dist. Aravalli. On the day of incident i.e. on 25/1/2020, at around 22:50 hours, they were on duty at hostel and victim Anand had gone to ground floor of the hostel as there was nuisance of stray dogs, when he was at the first floor of the hostel, seven persons including the present applicant herein chased him, formed an unlawful assembly and being members of the unlawful assembly, with their common object, caused bodily injuries upon Anandbhai. The applicant herein armed with washbasin pipe, having metal bolt, assaulted the victim and caused serious head injuries, whereas, accused Purveg @ Bunty Anil Patel snatched away the iron bracelet from the wrist of the victim and with the help of his belt, he assaulted the victim and thereafter, illegally entered into the office of the rector and looted cash amount of Rs.30,000.00. It is alleged that, the other accused have also assaulted the victim. The victim was literally stripped by the main accused. It is alleged that, when the first informant tried to intervene, the assailant Hiren Chaudhary (applicant herein) gave his introduction stating that he is Hiren Chaudhary and known person of village Dhansura and threatened that if they will file FIR, then be ready for dire consequences.

(3.) The applicant Hiren Hitesh Patel moved an anticipatory bail application before the Sessions Court concerned, which came to be rejected by the Court observing that the offence alleged is serious and prima facie, reasonable ground to believe that the accused has committed an offence and for effective investigation, custodial interrogation of the applicant is necessary and therefore, no case is made out for anticipatory bail.