KETANKUMAR RAMANBHAI PADHIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this successive bail application, the applicant, Ketan Padhiyar - sole accused of the case, is seeking regular bail in connection with FIR being CR. No. 11215025220211 of 2022 registered with Sojitra Police Station, Anand for the offences punishable under Sec. 279 , 304 , 337 of the Indian Penal Code and under Sec. 177 , 184 and 234(b) of the Motor Vehicle Act and Sec. 66(1)(b) of the Gujarat Prohibition Act.

(2.) Facts and circumstances giving rise to file the present application are that, the alleged incident took place on 11/8/2022 near Dali Bus Stand, Sojitra Tarapur Road, Dist.: Anand. According to prosecution case, due to collusion of passenger rickshaw having registration No. GJ-1-BZ- 4880 and Kia Car bearing registration No. GJ-23-CD- 4404 and one Bike, 7 persons have been died and others sustained grievous injuries. The applicant herein was in the root cause of the alleged incident, as at relevant time, he was driving Kia car under the influence of alcohol. It is alleged that, the applicant was driving his car in a rash and negligent manner as to endanger human life with intention to cause death of the passenger rickshaw, as a result, 7 persons have been died and others have sustained bodily injuries.

(3.) The applicant herein has been apprehended on 22/8/2022. During the course of investigation, the IO obtained the medical certificate to establish that the applicant was driving vehicle under the influence of alcohol. After recording the statement of witnesses and other materials, the chargesheet for the offences as referred above came to be filed on 21/10/2022. The bail application after filing the chargesheet came to be rejected by the court concerned.