VAGHABHAI MEPABHAI GOLTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being C.R. No.I-52 of 2016 registered with Vankaner Taluka Police Station, Morbi for the offences punishable under Sections 324 , 325 , 394 and 114 of the Indian Penal Code.

(2.) Learned advocate Popat for the applicant submitted that since the applicant is known in his community and since he was earlier sought to be involved in one offence registered in 2015 in connection with which, this Court has granted protection to him in the petition, being Special Criminal Application No.1390 of 2016, where he was one of the petitioners, he is involved in the present FIR though he is not alleged to have caused any injury with any weapon to the informant. He submitted that the informant has specifically named three accused out of four accused and the applicant is not amongst those three accused named by the informant who are alleged to have assaulted the informant. He therefore, urged that considering the nature of allegations made in the FIR, the Court may exercise discretion under Section 438 of the Code in favour of the applicant.

(3.) Learned Additional Public Prosecutor Ms. Thakkar submitted that the informant has named one Navgadhnbhai as the person who was with the informant when alleged incident had taken place and this very Navgadhnbhai in his statement has stated that the applicant was one of the persons who assaulted the informant. She submitted that the informant was also found involved in the serious offence, like offence of murder under Section 302 of the Indian Penal Code, and considering his antecedent, the Court may not exercise discretion under Section 438 of the Code in favour of the applicant.