STATE OF GUJARAT Vs. NAGJIBHAI MANGABHAI MEVADA

JUDGEMENT

(1.) By way of this petition under Sec. 439(2) of the Code of the Criminal Procedure, the applicant - State of Gujarat seeks to challenge the order dtd. 18/02/2022 passed in CR.MA No.27 of 2022 by the learned Additional Sessions Judge, Rajula granting regular bail to the respondent - org. accused in connection with the offence registered vide CR No.I-24 of 2018 punishable under Ss. 302, 201, 120-B and 34 of the IPC and under Sec. 135 of the GP Act.

(2.) Though served, respondent choose not to contest the petition. The report from the learned Court below was called for. Pursuant to which the learned court below submitted the report which noted that in all total 12 witnesses have been examined and thereafter org. accused no.2 did not remain present and thus NBW was issued. Subsequently, the respondent herein - org. accused no.1 also did not remain present and NBW was also issued; however none of the NBW is served uptil now.

(3.) The short facts of the case are that younger brother of the complainant got love marriage with org. accused no.2 six years prior to incident and had kept the agriculture field at Village Rinanyala for cultivation since last four months wherein respondent-org. accused no.1 was also staying and doing agriculture work with whom accused no.2 was having love affair and since the younger brother of complainant was obstruction in their relationship, by hatching a conspiracy, both the accused killed the deceased with the weapon and buried his dead body in the field and thereby destroyed the evidence. Thus, the offence as alleged came to be registered as aforestated.