RAMNARESHSINH BIRENDRASINH BHADORYA 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 FIR No. 11189005220297/2022 registered with Morbi Taluka Police Station, Morbi for offences punishable under Sec. 302, 307, 323, 504 , 506(2), 114 of IPC and Sec. 135 of the Gujarat Police Act.

(2.) Mr. Barejia, learned advocate for the applicant submits that initially, the FIR was filed against 3 brothers and subsequently, after investigation, the police found presence of accused no.2 at some other places by examining CCTV footage and accused no.3 at the work place, on verification of statement of the employer. The police, on further investigation, charge-sheeted the present applicant as accused no.3 and another accused - Pushpendrasinh @ Lalla and thus, submitted that the very case of the prosecution becomes doubtful.

(3.) Countering the arguments, Mr. Pranav Trivedi, learned Additional Public Prosecutor for the respondent-State submits that the FIR was given with the same set of facts and the uncle of the complainant was injured by accused no.1. The complainant was not knowing the identity of the rest of the accused and on his understanding, he has named 2 brothers of accused no.1, but subsequently, under investigation, it was found that accused nos.2 and 3 were not at the place of the incident and on further verification and the statement of the complainant charge-sheeted accused nos.2 and 3 were found present at the place of incident. The statements of other witnesses were recorded to find the presence of the accused nos.2 and 3 at the place of incident and thus, learned APP submits that the present applicant has facilitated the accused no.1 to carry further his criminal intent of killing uncle of the complainant. Learned APP further submits that there is an extrajudicial confession of the co- accused no.2 before the witness-Dinkiben. It was, thus, urged to reject the application.