MATIN USMANGANI MODAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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. 11192018220020 of 2022 with Dhanduka Rural Police Station, District Ahmedabad (Rural) for the offences punishable under Ss. 302 , 307 , 120-B of the Indian Penal Code, 1860 read with Sec. 135 of Gujarat Police Act and Sec. 25(1) (b) (a) of Arms Act .

(2.) Brief facts of the case are as under:- It is the case of the prosecution that, on 26/1/2022 one Bhaumik @ Biji informed to the police that on 25/1/2022 at around 5:30, he was at his house where he received a call of Kishanbhai who told him that he wanted to go to house of Ukadada therefore, he requested first informant to take him to Ukadada on his motorcycle, therefore, the first informant went to house of Kishanbhai and from there, they were on way to house of Ukkadada. It is further the case of prosecution that at around 5:30, when the first informant along with Kishanbhai reached near Modhnivadi, Kishanbhai told the first informant to increase speed of the bike and told him that these are those fellows and he is having gun in his hand therefore, first informant turned back and found two persons on one motorcycle and the pillion rider on said motorcycle was having a gun in his hand therefore, he increased the speed of his bike and at the turn of Modhvada the firing from the gun was made but, it missed then at the lane of Modvada, the motorcycle of the of assailant came near to the motorcycle of the first informant at that point of time, second firing was made but that too failed, then person holding gun in his hand made another firing whereby, the bullet hit the chest portion under the right hand of Kishanbhai therefore, he fell down. Therefore, the motorcycle was stopped by first informant at that point of time, the assailant turned their motorcycle and the assailant again fired a bullet that hit on the forehead of Kishanbhai and thereafter, he ran away. Subsequent to this incident, the injured Kishanbhai was taken to hospital where he was declared dead. Therefore, the detailed FIR is came to be filed on 26/1/2022.

(3.) Learned Advocate Mr. M.M. Saiyed for the applicant submits that the applicant has not committed any offence directly or indirectly as alleged in the FIR and from the perusal of the charge-sheet there is no prima facie case established against the present applicant. He submits that looking to the allegations mentioned in the FIR as well as charge-sheet, no case is made out for offence punishable for murder under sec. 302 of IPC is made out more particularly from the bare perusal of the cause of death as depicted in postmortem report. He submits that the investigation in connection with the alleged offence has been concluded and charge- sheet is filed and therefore, the possibility of tampering of evidence or influencing witness by the applicant cannot be contemplated. The applicant has already undergone imprisonment for a considerable time. Therefore, in such eventuality, further incarceration of the applicant may not be warranted. He therefore submits that considering the present application, the applicant may be enlarged on regular bail by imposing suitable conditions.