AMIT DAYALAL GAMOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The complainant is before this Court under Sec. 439(2) of the Code of Criminal Procedure, 1973 praying for cancellation of anticipatory bail granted by the learned 9 th Additional (Ad-hoc) Sessions Judge at Gandhidham-Kutch in Criminal Misc. Application No.39 of 2017 to original accused nos.2 to 7 for the FIR registered before Gandhidham 'B' Division Police Station, bearing I-C.R.No.11 of 2017 for the offence punishable under Ss. 143 , 147 , 452 , 506(2) , 392 and 323 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act, registered on 13/1/2017. The learned 9 th Additional (Ad-hoc) Sessions Judge at Gandhidham-Kutch was pleased to grant anticipatory bail on 4/2/2017.

(2.) Aggrieved by the said order of anticipatory bail passed by the learned 9th (Ad-hoc) Sessions Judge at Gandhidham- Kutch, the applicant urges the fact of the FIR to submit that he is having a business in the name and style of Bolanath Shipping at Plot No.19, Sector-10/B, GIDC, Gandhidham, which is running along with his cousin and his elder brother - Bipinbhai. He is also having business of wooden waste and fire wood, and according to the complainant, two to three months prior to the FIR, the accused resident of Village: Odhai, were regularly threatening his cousin - Bimleshbhai in connection with the business of wooden waste and fire wood and insisted to act according to them. On 10/1/2017, Jasubha Kalubha Jadeja came to his office at around 05:00 to 06:00 p.m. and again, threatened Bimleshbhai and Viljibhai, asking not to do the business.

(3.) Initially, the complaint has been sent by Registered A.D. Post on 12/1/2017 to Anjar Police Station and subsequently, FIR came to be lodged.