UMARFAROOQ ABDULGANI BADAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned advocate Mr. Aftabhusen Ansari waives service of notice of rule for and on behalf of the original complainant and learned APP waives service of notice of rule for and on behalf of the respondent-State.

(2.) The present successive application is filed under Sec. 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for regular bail in connection with the FIR being C.R. No.11207002210450 of 2021 registered with the Godhra Town 'B' Division Police Station, Panchmahals of the offence punishable under Ss. 143,147,148, 149, 307, 326, 337, 506(2) and 323 of the Indian Penal Code, 1860 and Sec. 135(1) of the Gujarat Police Act.

(3.) Facts in brief leading to the filing of the present application are that one Firdos Yusuf filed the impugned FIR against, in all, total six accused persons, including the present applicant-accused, who is shown as accused No.3 in the FIR. According to the complaint, on 15/5/2021, as the wife of the complainant, namely, Mumtaz was at the house of his kinswoman, namely, Amenabibi Ismail Bokda, residing at Mohammedi Maholla, Godhra, the complainant went to take her back on his Pulsar Motorcycle, and while he was on the way and reached near the house of Abdulgani Badam, all the accused persons were standing there, and when the complainant reached near them, first of all, Nishar Badam saw him and shouted loudly that 'informant has come' and pushed him down from the bike. Thereafter, Anas picked up a big stone and hit it on the leg of the complainant. While Mehfuz inflicted a blow on the leg of the complainant with the iron pipe. Then, Umar and Abdulgani came with the sword, of whom, Umar tried to give a sword blow on the neck of the complainant with a view to kill him, however, as the complainant tried to protect himself with his left hand, he received injuries on his left hand. Then, Nisar Badam took the sword from Abdulgani and tried to give a sword blow on the neck of the complainant with a view to kill him, however, one Ibrahim Mohammed Dhantya, a resident of Muslim Society 'B' Godhra, intervened and grabbed the sword. Thereafter, Abdulgani started beating him indiscriminately with the wooden stick, at which point of time Imran Dorva @ Masliyo also started giving him kicks and fist blows. Then, as complainant started shouting, people from nearby gathered and, therefore, they all ran away. Thereafter, his brother Irfan Yusuf Raliya and one Asfaq Ahmed Hasan from his area also reached there and took him to the Godhra Civil Hospital in a rickshaw, from where the complainant was referred to the Vins Hospital at Vadodara City where he was admitted as an indoor patient. With this sort of allegations, the impugned FIR has been filed.