VASHIM 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 complaint being FIR Part-A No.11212023210058 registered with Godhara Railway Police Station, District : Panchmahals for offences punishable under Sec. 398, 332, 336 and 506(2) of IPC.

(2.) The facts in brief are that on 17/10/2021 at around 04.35 AM, while the complainant, who was serving as Unarmed Lok Rakshak at Godhara Railway Police Station at the relevant time, was discharging his duties with other guards at the B- Cabin of the Railway Station and a Train (Jabalpur - Somnath Express) was passing nearby, six person on two motor-cycles came to them and asked them to leave the area failing which they would have to face dire consequences. The complainant identified two out of the six individuals. When the complainant and others refused to leave the area, the said persons got down and pelted stones at them and in the said incident, he sustained injuries on his leg. Thereafter, they fled the place of offence. A complaint in connection with the above incident was filed, which came to be registered by way of the impugned FIR.

(3.) Learned advocate Mr. Shaikh for the applicant submitted that the applicant has been wrongly arrested in connection with the impugned FIR on the ground of mis-identity. The name of the applicant sounds similar to the names of one of the assailants and on that premise, he came to be arrested. None of the witnesses, including the complainant, identified the applicant in the T.I. Parade. No incriminating material has been recovered or discovered from the applicant. It was submitted that co-accused has already been enlarged on bail. Hence, prayer was made to exercise discretion in favour of the applicant by releasing him on regular bail.