RATNABHAI RUGHNATHBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has filed this Application under Sec. 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being I-C.R.No.11206020220655 of 2022 lodged with Kadi Police Station, District Mehsana for the offences under Ss. 302, 307, 325, 324, 323, 143, 147, 148 and 149 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) Heard learned advocate Mr.Bhargav Bhatt appearing for the applicant. He submitted that the alleged incident had taken place on 15/7/2022 at around 9 O'clock in the morning for which the FIR came to be registered on 16/7/2022 at around 23:30 hrs. at night. Thus, the FIR in question has been lodged after considerable delay and no plausible explanation is coming forward for the said delay from the FIR. He submitted that before the incident, the deceased were taken to Bhagyoday General Hospital at Kadi where both the deceased had given history that they were assaulted by a mob of around 50 unknown persons. None of the deceased have named the applicant or any other accused persons in the history given by them before the doctor. He further submitted that the first informant, who is projected to be the eye-witness by the prosecution, does not appear to have witnessed the incident in question. He further submitted that there are material contradictions in the case of prosecution which go to the root of the matter and weaken the case of the prosecution. The applicant has been arrested in connection with present offence on 4/8/2023 and since then the applicant is in judicial custody. The investigation is over and charge- sheet is also filed. He further submitted that other co- accused have been considered by co-ordinate Bench of this Court for grant of regular bail and, therefore, on the ground of parity also applicant is entitled to be enlarged on bail. He, therefore, submitted to allow the present application subject to suitable conditions.

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