RAVIBHAI GOPALBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present successive 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 C.R.No. I- 11204040220052 of 2022 registered with Matar Police Station, District: Kheda for the offence punishable under Ss. 302 , 114 , 279 of the Indian Penal Code and Ss. 177 , 184 of the Motor Vehicle Act.

(3.) Learned advocate for the applicant submits that the applicant has at all no role in the entire incident which started from 3/3/2022 till the accident occurred. That, the applicant is neither involved in the love affair with lady nor he has any motive to kill the deceased. The entire story of the prosecution is highly improbable and the case of the accident has been converted into offence of murder without there being any evidence thereof, as ingredients of murder defined under Sec. 300 have not been established against the applicant- accused. That the applicant is innocent and he has not committed any alleged offence and he has been falsely roped in the offence. A natural accident which is occurred due to imbalanced and non control over the motorcycle by the rider of that vehicle and dashed with the parked container and unfortunately all four succumbed injury, which is conveniently attributed to the present applicant, who was chasing the motor cycle as per the allegation without any evidence.