AMIRKHAN 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 being C.R.No.11208037210097 of 2021 registered with Kuvadva Police Station, Dist: Rajkot for offences punishable under Ss. 302, 143, 147, 148 , 149, 323 and 114 of the Indian Penal Code and Sec. 135 of the G.P.Act.

(2.) Mr.Rajesh Kanani, learned advocate for the applicant submits that the incident is alleged to have taken place at 4.00 p.m., and the information was received on 8.05 p.m.; the type of information, as recorded in the FIR, is written information, and submitted that distance between the police station and the place of incident is only of 1 k.m. Mr.Kanani submitted that the deceased was a terror in the area, and the FIR itself suggests that he used to quarrel with his mother at his home almost everyday and the only cause that gets connected with the applicant is that, being a neighbor the applicant had gone to the house and instructed the deceased not to abuse loudly, as such abusive words could be heard at their house.

(3.) Mr. Pranav Trivedi, learned APP submits that the eye-witness Komalben has given the version of the incident, and according to her, the present applicant with the iron pipe beat the deceased on the head that has become the cause of death. He submits that the blood stains were found on the clothes of the present applicant, which was the blood group of the deceased.