JAYESH GAURISHANKAR DAVE 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 First Information Report being C.R. No.11213022220317 of 2022 registered with Jetpur City Police Station, Rajkot Rural for the offences punishable under Ss. 302, 201, 449 and 34 of the Indian Penal Code.

(2.) Learned Senior Counsel for the applicant Mr. N.D. Nanavaty Advocate submitted that only on the premise that the accused were attempting to escape from Gondal, the investigating officer has arrested them in the case where the prosecution has tried to link them with a CCTV Footage and in the FSL Report, no conclusion could be drawn, hence, no identification could be made of the person alleged to be driving the car as also of the occupants. It is submitted by learned Senior Counsel Mr. N.D. Nanavaty that prosecution alleges that the accused had gone to Khakhadiya Mahadev Temple in a Swift Four Wheeler Car and one of the co-accused Darshak alias Darshanbhai Ratilal Degama was asked to keep watch and rest of the three accused entered the temple and had demanded money from the deceased - Rudranandgiri Bapu and when he retort to file a case before the police, it is alleged that the accused got excited and after holding the neck of the deceased, pinned him down and with the help of the rope, strangulated him and tied his hands and legs with a rope and the wire of the mobile charger. It is submitted that the applicant herein is alleged to have put the dead body in the dikki of the car and drove it near the pool at Bordi Santhiala and after parking the car, the four accused removed the dead body and threw it into the canal. It is submitted that the prosecution has not brought any evidence of the dead body being in the dikki of the car nor the CCTV Footage gives any clarity of all the accused traveling together nor is there any evidence recorded which connects the present accused with the alleged offence. It is also submitted that nothing is on record to show any body particles being present on the mobile charger/wire or on the rope. It is also submitted that the deceased himself is an accused under Sec. 376 of the Indian Penal Code for which a First Information Report has been registered and for that, the statement of the victim witness has been recorded and wherein allegations of some money transactions are also leveled. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned Additional Public Prosecutor submitted that through the CCTV Footage the accused were found to be traveling together and the movement was found suspicious so they were arrested. After that, the statement of the accused was recorded. It is further submitted that though the confessional statement cannot be taken into consideration which would connect the accused since it is on the basis of this statement, investigation proceeded and found evidence against accused. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.