JIVANBHAI LALLUBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure, 1973 praying for an order of anticipatory bail in connection with offence registered at C.R.No.11191019220339 OF 2022 with Vatva GIDC Police Station, District: Ahmedabad.

(2.) Heard Mr.Siddharth J. Desai, learned advocate for the applicant. According to his submission, the first informant is having extra marital affairs and therefore, there is a dispute with his own wife. Therefore, as maternal uncle of his wife, the applicant had reprimanded him and because of this reason, he falsely involved in this case. He has further submitted that whatsapp chats copy of which is produced along with application proves his extra marital affair. He has further submitted that considering the contents of the FIR and the Report submitted by the Investigating Officer on 16/6/2022, for adding Sec. to FIR being 326 and 120-B of the Indian Penal Code shows that there is an improvement in the statement of the first informant within 2 days, which is suggestive of the fact that false case is being filed against the present applicant. He has further submitted that everything is recovered from accused and therefore, custodial interrogation of the applicant is not required. He has further submitted that applicant is ready to cooperate with the investigation and therefore, he be enlarged on anticipatory bail.

(3.) Having considered the First Information Report as also the Report submitted by the Investigating Officer dtd. 16/6/2022, the documents annexed with the application and the impugned order passed by the learned Judge rejecting his application for anticipatory bail, it emerges that participation of the applicant into the offence of unlawful assembly and assaulting with deadly weapons the first informant is very clear. It appears that applicant was armed with stick as a part of unlawful assembly and he also assaulted the injured whose left hand is amputated and he was assaulted all over body with Dhariya as also stick. The submission that there is an improvement within 2 days in the statement of the first informant is also out of place because after two days, a Report was submitted by the police for adding Ss. 326 and 120-B to the offence also, as fractures were found on the injured. Not only that along with named accused, two other persons were also referred armed with stick in the First Information Report itself out of which one Ganesh Lallubhai Rabari who is again a maternal uncle of the wife of first informant came to be arrested and he was released on regular bail. Applicant is another maternal uncle who is still evading his arrest though his role and identity is revealed on the date of First Information Report or on the next date armed with stick and assaulting the first informant as a part of unlawful assembly causing amputation of hand and fractures over the body. The applicant who is praying for an order of anticipatory bail cannot be entertained. Hence, this application is rejected as the custodial interrogation may be required as he was armed with stick as a part of unlawful assembly. Rule discharged.