ANIKET RAMESHBHAI OAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present bail application filed under Sec. 439 of the Code of Criminal Procedure, the applicant has prayed to release him on regular bail in connection with FIR being C.R.No.11191003211285 of 2021 registered with Khokhra Police Station, Ahmedabad City for the offences punishable under Ss. 302 and 114 of the Indian Penal Code and under Sec. 135(1) of the Gujarat Police Act.

(2.) In the FIR, it is stated that the deceased was riding his activa and was going from his office situated at Rakhiyal to Bhaipura Pravin Master Chawl and while passing through a street near the seven days school, Khokhra, ahead of Block 15, Rushikeshnagar, suddenly someone gave him knife blow on his back and therefore, he fell down. Thereafter, he saw the unknown person aged 21-25 years wearing black shirt and before he could utter anything, that person started giving him blows after blows on his body and he gave around 10 to 15 blows and ran away.

(3.) In view of the aforesaid complaint, the deceased was admitted in Trauma Centre, Civil Hospital and at about 12.30 on the night of 3/7/2021 (in the dying declaration time is mentioned 00.30 on 4/7/2021) his dying declaration was recorded, which went up the midnight of 1.02 on