(1.) Both the present applications arise out of the same FIR and therefore they are heard together and are disposed of by this common order.
(2.) The present applications have been filed by the accused nos.1, 2 and 5 under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being I-C.R. No.11211058210167 of 2021 registered with Bajana Police Station, Surendranagar for offences punishable under Sec. 307 , 325 , 143 , 147 , 148 and 149 of IPC and Sec. 135 of the Gujarat Police Act.
(3.) Mr. J.K. Shah, learned Additional Public Prosecutor referring to the facts of the case submitted that, the injuries sustained by the victim are grievous in nature and further referring to the facts from the statement in the form of dying declaration of the victim, stated that in the said statement the victim has categorically stated that Isakhan Bavaji Malek was along with four other persons, who were from village - Bajana and were armed with sickle, pipe and stick and had given incessant blows to the victim with the same weapons and one Bharatbhai Raval, friend of the victim, was also injured in the incident. He further stated that all the accused were named before the Medical Officer at C.U. Shah Medical College and Hospital. It was, therefore, prayed that no discretion may be exercised in favour of the applicants.