YOGRAJSINH @ YOGIRAJSINH ... Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate, for the applicant and learned APP, for the respondent-State.

(2.) This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 52/2017 with Halvad Police Station for the offences punishable under Sections 302 , 324 , 504 and 34 of the IPC and Section 135 of the Gujarat Police Act.

(3.) Briefly stated by the complainant Mr. Abbas Rahim Vadgama, inter alia, contending that on the date of incident at about 4:30, complainant along with his son Bilal both were present at their shop and at that time near his shop, his elder brother Hussainbhai, his son Tosif and his brother Faizal, some altercation was made between them and Yograjsinh, his brother Jaideepsinh and mother Lalitaben. That the complainant went to the place where he notified knife in the hands of all the persons and some altercation was going on and when the complainant tried to intervene Yograjsinh has inflicted knife injury to Tosif and when he tried to assault on second occasion, the complainant has raised his left hand, on this he sustained injury on his left hand. At that time his nephew Tosif was lying in bleeding condition and Jaideepsinh, brother of Yograjsinh has also inflicted injury by knife on the complainant. That Yograjsinh and Jaideepsinh both have knives in their hands and used abusive words and thereafter, they flee away from the place and thereafter, the complainant and other family members were taken to Morbi Government Hospital and because of severe injuries, Tosif passed away. That because of suspicion that since photograph of daughter of Rafik was found in the mobile of Yograjsinh and he was asked to delete the same, but Yograjsinh has not deleted and the complaint was filed by Rafik against Abedaben and Yograjsinh and his brother Jaideepsinh and keeping grudge in mind the same, present incident has occurred and the complaint came to be filed.