SAUMIL RAKESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. L. B. Dabhi, learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants accused have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R.No.11199028220317 of 2022 with Jhagadia Police Station, Bharuch for the offenses punishable under Ss. 307, 324, 323, 504, 506(2) and 114 of the Indian Penal Code and under Sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicants states that present applicants have not given any blow to anyone and on the contrary they are victim and the complainant as well as his friends are in drunken state and are aggressor of the said offence who have provoked for the scuffle. The applicants have only inflicted wooden stick on the head of one witness and except the same, there is no other injuries as per the medical papers. He further states that as per the version of the complainant, the incident has taken place in the hotel premises but no CCTV footages have been recovered to establish the version of the complainant. He further states that the hotel is situated on the National Highway and, therefore, it is likely that the whole premises of the hotel is under CCTV surveillance. He further states that the statement of the FSL Officer was recorded wherein no blood stains are discovered from the place of the offence. He further states that as per the papers of charge sheet as well as FIR, the complainant has not sustained any serious injury and only to hide the fact of he being in heavily drunken state and was aggressor in the offence, he filed false complaint. The complainant did not take any treatment in the Government Hospital. He further states that the present applicants have no criminal antecedents and as per the affidavit filed by the Investigating Officer, the complainant-victim is out of danger and investigation is over and charge sheet is filed. He further states that main accused who has been alleged to have inflicted iron rod on the head of the complainant-victim has been released on regular bail by the session court.