PRAVINBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These applications are filed by the applicants praying for Regular Bail post submission of charge-sheet in connection with an offence registered at Ahmedabad Railway Police Station, Ahmedabad City, bearing C.R.No.11994001230053 of 2023, for the alleged offences punishable under Ss. 392, 325, 323, 294(b) and 114 of the Indian Penal Code (for short " IPC ") as also under Sec. 135(1) of the G.P.Act.

(2.) Since accused found to have committed offence under Sec. 397 of " IPC ", on conclusion of investigation, a charge-sheet has come to be filed for an offence under Sec. 397 of " IPC " along with other Sec. as mentioned hereinabove. Therefore, at present applicants face charge under Ss. 397, 325, 323, 294(b) and 114 of " IPC " as also under Sec. 135(1) of G.P.Act.

(3.) As per the case of prosecution, incident occurred on 18/1/2023 at about 9:45 to 10:15 a.m., while injured - victim was passing through Himmatnagar Railway Station parking on his motorbike, present applicants with co-accused of other application stopped him and co-accused doubted that victim provides information to the Police of the misdeeds of his brother and therefore, they have to spend so much amount defending him. It is further the case of the prosecution that at that time a gold chain weighing 2.5 Tolas amounting to Rs.30,000.00 and a cash of Rs.10,000.00 was robbed off from the pocket of his shirt and the present applicants, when victim raised a shout, armed with stick assaulted the victim mercilessly, which has caused as many as 10 injuries including various fractures. Not only that, co-accused also snatched away stick from the present applicant No.2 i.e. Sanjaykumar @ Shivkumar Bhat and he also caused serious and severe injuries to the victim. As narrated in the charge-sheet as many as 7 fractures have been caused by the accused assaulting him.