STATE OF GUJARAT Vs. DARSHAK

JUDGEMENT

(1.) Heard, Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the applicant ' State. She stated that the learned Additional Sessions Judge, Jetpur has granted regular bail to accused ' Darshak @ Darshan Ratilal Degama observing that the role of the accused is only under Sec. 201 of the Indian Penal Code, 1860 (IPC) and during the whole incident, he was sitting in the car and the incident occurred in the Ashram and there is no direct or indirect involvement of the accused for the commission of murder. The learned Additional Sessions Judge has believed that, at the most, the prosecution case is to be believed, then, it is only for the causing disappearance of the evidence of offence.

(2.) The learned Additional Public Prosecutor for the applicant - State submitted that the whole incident is captured in the CCTV footage and the affidavit of the Investigating Officer (IO) suggests direct involvement of the accused under Sec. 302 IPC; the blood stains were found on the clothes of the present respondent ' accused and therefore, stated that the bail granted is against the provisions of law, without appreciating the gravity of the offence and though the accused was found along with the co-accused in the car in which, the dead-body of the deceased was transported and presence of respondent ' accused was recorded in the CCTV of Murali Hotel, situated at Parab road, Bhesan village and the fact that the murder was committed for the recovery of Rs.2.00 lakh and all the four had thrown the dead-body in a canal, the involvement of the respondent - accused becomes very explicit on the record, in spite of that, bail has been granted.

(3.) Statement of one Kishorbhai, Son of Devrajbhai Mohanlal Naroda, which is recorded on 13/3/2022 and if the statement is to be believed, then, this respondent ' accused was sitting in the car when other co-accused had entered the Ashram and that commission of murder is attributed to the three accused who, thereafter, had brought the dead-body covered with a quilt and thereafter, the three accused set in the car and all the four had travelled to Thanagalol road and at a canal, and from the pool, it is alleged that all the four had thrown the dead-body of Swami Rudranandgiri Bapu from the pool.