ARVINDBHAI BHAILALBHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel Mr.Ashish Dagli for the applicant and Ms.Moxa Thakkar, learned APP for the respondent- State.

(2.) By way of the successive bail application, the applicant is seeking regular bail in connection with the FIR being C.R.No.11197034220986 of 2022 registered with Padra Police Station, Dist.: Vadodara for the offences punishable under Ss. 302 and 114 of the Indian Penal Code.

(3.) The brief facts giving rise to the present application are that on 4/6/2022, deceased - Manoj Chaudhary and his younger brother came at the house of the complainant - Suresh Yadav. On that day, deceased suffered epilepsy attack, and was taken to Government Hospital at Vadodara and on the same day, afternoon, he was discharged from the hospital. When the complainant went to take medicine and juice of sugarcane, the deceased left the house of the complainant. The dead body of the deceased was found on 5/6/2022 nearby canal of Village: Luna. It is alleged in the complaint that the applicant and his father assaulted the deceased as a result of which, he succumbed to injuries. During the investigation, it reveals that when the deceased unknowingly entered into the house of the applicant for which he was scolded by the accused and was informed to get out from the house. In such circumstances, scuffle took place and deceased was assaulted by kick and fist blows. The cause of death as mentioned in the P.M. Report is intracranial hemorrhage due to head injury. The applicant and his father arrested in connection with the alleged incident and finally, they have been chargesheeted for the offences, as referred above. The bail application, after filing the chargesheet, came to be rejected by the Sessions Court concerned.