JASHUBHAI PRABHATBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a successive application for regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter, 'the Code') by the applicant-original accused No.12 as per the FIR and accused No.11 as per the charge-sheet filed in connection with the FIR bearing I-C.R. No. 29 of 2019, registered with Vivekanand Police Station, Ahmedabad Rural, for the offence punishable under Ss. 307 , 326 , 325 , 427 , 403 , 143 , 147 , 148 , 149 , 504 , 506(2) , 120B and 34 of the Indian Penal Code, 1860 (in brief, 'the IPC ').

(2.) In the FIR file by the original complainant- Mohitbhai Saptaprasad Sharma, it is stated that on 20/7/2019, in the morning at about 09:45 a.m., he received a phone a call from the deceased-Jaydeep that one Shailesh Rabari (Original Accused No.1) allegedly attempted to dash his four wheeler with his vehicle, while he was on his way to the office. Thereafter, the deceased-Jaydeep waited on the side of the road. Therefore, the First Informant-Mohit had told him that when he returns from the office in the evening, they shall go to the police station and shall file a complaint against said Shailesh Rabari.

(3.) Heard, learned Advocate, Mr. Bhargav Bhatt, assisted by learned Advocate, Mr. Chakwawala, for the applicant, learned APP, Mr. Raval, for the Respondent-State and learned Advocate, Mr. Nikhil Vyas, for Respondent No.2-the original complainant.