AJAJA RAJAKBHAI SANGHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present bail application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being CR No. 11185007210265/2021 registered with Salaya Police Station, Dist Devbhoomi Dwarka for the offence punishable under Ss. 143 , 147 , 149 , 307 , 308 , 395 , 397 , 323 , 324 , 325 , 332 , 333 , 337 , 338 , 353 , 341 , 342 , 188 , 427 of the Indian Penal Code, Sec. 3(2)(e) of Damage to Public Property Act 1984, Sec. 135(1) of the Gujarat Police Act as well as Sec. 51(A) of the Disaster Management Act .

(2.) Learned advocate for the applicant submits that in connection with FIR being CR No. 11185007210265/2021 registered with Salaya Police Station, Dist Devbhoomi Dwarka, applicant was arrested and he preferred Criminal Misc. Application No. 330 of 2021 for regular bail before the learned Sessions Court and learned Sessions Court had released him on bail on 29/10/2021 with certain conditions. Thereafter, again a false case came to be registered against the applicant before the same police station by one witness/victim of above referred crime namely Asalam Bhagad being CR No. 11185007220148 of 2022 on 20/6/2022 wherein also, the applicant and other accused persons came to be released on regular bail by the learned Sessions Judge vide order dtd. 7/7/2022 in Criminal Misc. Application No. 192 of 2022.

(3.) It was further submitted by learned advocate for the applicant that since new offence being CR NO. 11185007220148 of 2022 came to be registered against the applicant and other accused persons, while they were on bail in connection with an FIR being CR No. 11185007210265/2021 registered with Salaya Police Station, Dist Devbhoomi Dwarka and by citing reasons for breach of condition as was imposed in regular bail by the learned Sessions Judge vide its order dtd. 29/10/2021, the prosecution, on 1/7/2022, moved an application being Criminal Misc. Application No. 191 of 2022 for cancellation of regular bail which was granted to the applicant vide order dtd. 29/10/2021 and later on, learned Sessions Judge, has passed order on 29/8/2022 and cancelled the bail granted to the applicant in connection with FIR being CR No. 11185007210265/2021 registered with Salaya Police Station, Dist Devbhoomi Dwarka and as against that order, applicant has approached this court by way of present application. That, the consequent registration of the FIR by creating false story by the victim is nothing but it is the intention of the victim to send the applicant behind the bars once again.