STATE OF GUJARAT Vs. DIVYESH MAHENDRABHAI CHAUDHARY

JUDGEMENT

(1.) THE State of Gujarat, by present Criminal Misc. Application for cancellation of bail filed under section 439(2) of the Code of Criminal Procedure, 1973 challenged the order passed below Exh.5 in Criminal Misc. Application No.159 of 2013 dated 16.4.2013 passed by the learned Sessions Judge, Navsari, whereby the respondent ­ accused was granted bail in connection with the offence registered before the Bilimora Police Station being I ­ C.R. No.129 of 2013 for the offences punishable under sections 307 and 506(2) of the Indian Penal Code and u/s 135 of the B.P. Act.

(2.) HEARD the submissions of learned APP Mr. Poojari.

(3.) PRIOR to about one and half months of the incident dated 28.3.2013, the complainant got married with one Vijaybhai and she was staying at her inlaws place. It is also stated in the complaint that when the complainant was studying at Surat, present accused was also studying with her and they have friendly relationship. However, the respondent accused wanted to have relationship of love affairs with the complainant and thus, there was one sided love with the complainant. As the complainant got married, still however, the respondent accused continued his efforts to keep relationship with the complainant, but the complainant refused and thus, the keeping the grudge as if the respondent accused cheated the complainant and when the complainant along with her sister went to college for appearing in the exam, the respondent accused brought out an axe from the bag and gave blow on the head, left leg thigh and thereby caused injuries, so also her sister also got injured while trying to intervene by receiving injuries on the right elbow and on the left hand fingers and thereafter, administered threat of killing them and also caused injuries to himself with blade.