UMARSHI DADA KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Advocate for the applicants does not press for present application qua applicant nos.1, 3 and 4. Present application stands disposed of as not pressed for qua applicant nos.1, 3 and 4.

(2.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered as C.R. No.11205041220230 of 2022 with Vayor Police Station, District Kachchh, for the offences punishable under Ss. 302, 294(B), 143, 147, 148 and 149 of the IPC and under sec. 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant submits that as per the affidavit of the Investigating Officer before the learned Sessions Court there was no active role or participation as alleged against the applicant. He also submits that the name of the present applicant was disclosed in additional statements after the week as the FIR has been registered against only one accused. The alleged incident had taken place on 28/10/2022, the complaint was registered on 29/10/2022 against Bharat only and as per the police report of the Investigating Officer, the complainant had given additional statement on 7/11/2022 alleging that all the four applicants had also come to his house and had altercation with the deceased and therefore, this is a clear case of improper inclusion of all the family members. He submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.