LAWS(GJH)-2023-5-59

BHAVESHBHAI ASHOKBHAI OAD Vs. STATE OF GUJARAT

Decided On May 02, 2023
Bhaveshbhai Ashokbhai Oad Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant - accused has prayed for anticipatory bail in connection with the FIR bearing No.11822019213249 of 2021 registered with Navsari Town Police Station, District Navsari for the offences punishable under Ss. 325 , 326 , 465 , 468 , 471 , 120(B) and 114 etc. of the Indian Penal Code and under Sec. 135 of the G.P. Act.

(2.) Heard learned advocate Mr. Zubin Bharda for the applicant and learned APP Mr. Hardik Soni for the respondent - State.

(3.) As per the FIR filed by one Rajubhai Naginbhai Oad, he has stated that he is having business of sand lease and thereby he is supplying sand. On the date of incident i.e. on 26/11/2021 when the applicant visited the Bank of Baroda for dropping the cheque and after dropping the cheque, when he reached to his car, one white car being registration No. MH-05-SU-2400 suddenly rushed to him and three persons having mask on their face got down having iron pipe and gave blows to his legs and when the complainant shouted and screamed, at that time, one more person also having mask on his face got down from the car, and thereafter, they all four persons ran away from the place. The complainant called his younger brother immediately to whom he narrated the whole incident and thereafter, his younger along with other persons took him to the hospital. It was ultimately found that because of the said incident, his both legs got fractured, and therefore, he registered the complaint. During the course of investigation, it revealed that it is present applicant, who has given 'sopari' i.e contract killing by giving Rs.5.00 Lacs to Mohammad Sabir Israfil Ansari, and therefore, present applicant has preferred application for anticipatory bail.