NAVALSINH KARUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973, present applicant is seeking regular bail in connection with offence registered being CR NO. 11205038220029 of 2022 registered with NARA Police Station, District: Bhuj-Kachchh, for offences punishable under Ss. 302 and 307 of Indian Penal Code and under Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) As per FIR registered by one Mr. Ramesh Arjan Baliya, it is stated that he is the agriculturist and running a ration shop having two son and a daughter. On 3/10/2022, at 04.00 in the evening, he and his son Narendra, were going on his Maestro moped, having registration number GJ-12-DF-2981, from Village Meghpar to Dayapar Mamlatdar office and while returning back, he met with one Mr. Navalsinh Karubha Jadeja and at that time he along with his son started going towards Meghpar on his Maestro moped, which, his son Narendra was driving, all of sudden from behind, one Mr. Navalsinh Karubha Jadeja, who happens to be the present applicant, dashed his Fortuner car having registration number GJ- 12-BR-8100 and hence as the car dashed from behind, the complainant and his son fell down and sustained serious injurious. Thereafter, one Mr. Mahipatsinh Netaji Jadeja, arranged for sending them to hospital and ultimately, his son Narendra had died. As per the FIR, the intention of the present applicant was to kill the complainant and his son and ultimately, the son of the complainant died.

(3.) Heard senior advocate Mr. Nirupam D. Nanavaty with learned advocate Mr Yash N. Nanavaty for the applicant, learned APP for the respondent - State and learned advocate Mr. Hriday Buch with learned advocate Mr. Darshan M Varandani for original complainant.