MUKESHBHAI VASHRAMBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. No.11198019230152 of 2023 registered with Gariyadhar Police Station, District Bhavnagar, for the offences punishable under Ss. 302, 324, 326, 120(B), 34, 201, 325 and 114 of the Indian Penal Code, 1860 and Sec. 135 of Gujarat Police Act.

(2.) Heard learned advocate Mr. Saurin A. Shah appearing for the applicant, learned advocate Mr. Tushar L. Sheth appearing for the original complainant and learned Additional Public Prosecutor Mr. J. K. Shah appearing for the respondent State.

(3.) Learned advocate Mr. Saurin Shah appearing for the applicant submits that after the alleged incident, the victim was admitted to Community Health Center, Dhari, where the deceased himself had given the history of vehicular accident. Therefore, the deceased had sustained injuries because of some vehicular accident to which he had succumbed and died. He further submits that in the present case, the F.I.R. has been lodged by the brother of the deceased. Interestingly, though the first informant was present when the inquest was carried out, he did not say anything as regards the incident or any of the accused having assaulted the deceased. Later on, the present F.I.R. has been lodged by him with concocted facts. He further submits that the entire investigation has been done at the behest of first informant i.e. brother of the deceased. From the record it appears that all the prosecution witnesses had been procured by the said first informant, namely, Jaysukhbhai Bhupatbhai Savdhariya. Therefore, there is reason to believe that brother had twisted the facts to suit the case of the prosecution. He further submits that as per the case of prosecution, the deceased had sustained injuries on both of his lower limbs and after the incident, the deceased had bled profusely and despite the same, sleeper of the deceased which was lying at the place of incident was not blood stained. This itself creates doubt about the case of prosecution. He further submits that it is alleged that the present accused as well as other co-accused had threatened the family members of the deceased not to lodge any F.I.R. as regards the incident.