SOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11203004220444 of 2022 registered with Junagadh 'C' Division Police Station, District Junagadh for the offences punishable under Ss. 302, 323, 294(B), 34, 143, 147 , 148, 149 etc. of the IPC and under Sec. 135 of the G.P. Act.

(2.) As per the FIR registered by the First Informant namely Nitaben Vipulbhai Vaja, wherein, she has stated that on 13/8/2022, her brother-in-law namely Dipen went to the temple and came back at around 8.15am and told her father in- law to sell this property in which they are residing and to shift somewhere else. His neighbour namely Amin Hussaibhai Aabada, whenever met him, used to abuse him and today also, when he was going to temple, he also met him and abused him. Thereafter, at about 9.00 pm to 9.15pm, when Dipen was at his home, the aforesaid Amin Hussainbhai Aabada accompanied by Najmiben Sohilbhai Aabada called Dipen to come outside from home and at that time, outside the home, Amin Hussainbhai Aabad, his wife Rukshanaben and Sohilbhai and Sohibhai's wife Najmiben Sohilbhai Aabada were standing. Amin Hussainbhai Aabada was carrying knife and Sohilbhai Aabada was carrying iron pipe and they started abusing to Dipen. Amin Hussainbhai Aabada slapped Dipen two to three times and thereafter, they started scuffle with Dipen. Ultimately, they started giving kick and fist blows to Dipen and Sohailbhai Aabada gave two blows to Dipen. Thereafter, Sadap caught hold of Dipen and Amin Hussainbhai Aabada gave knife blow to Dipen on his back side and therefore, he fell down, which ultimately resulted into death of Dipen and for that, present FIR is registered and present applicant was arrested.

(3.) Learned advocate Mr. Prajapati for learned advocate Mr. Nipul Gondaliya for the applicant submitted that even as per the FIR, present applicant was carrying iron pipe and he has given two blows to the deceased person on non-vital part of the body. Even as per the cause of the death, the death of the deceased has occurred due to knife blows and not due to iron pipe and therefore, considering the fact that present applicant, though was carrying iron pipe, was not responsible for the death of the deceased and therefore, considering the above facts, present applicant may be enlarged on bail.