MANSINGH DALPATBHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive application is filed by the applicant under Section 439 of the Code of Criminal Procedure (for short, 'the Code') for regular bail in connection with FIR registered at C.R. No. I-56 of 2017 with Morva (H) Police Station, District: Panchmahals for the offence punishable under Sections 143 , 147 , 148 , 337 , 324 , 452 , 427 and 307 of the Indian Penal Code, 1860 (for short, 'the IPC ') and Section 135 of the Gujarat Police Act.

(2.) Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent-State.

(3.) The learned advocate for the applicant submits that the applicant is an innocent persons, however, he has been falsely implicated in the offence. He submitted that it is a case of cross-complaints and even, some of the accused persons have also sustained serious injuries in the offence. He has further submitted that allegation against the applicant is that he has inflicted Dhariya blow upon the injured Kanubhai, but the said injured has not been hospitalized even as a outdoor patient and has not sustained any permanent disability. Besides, the applicant is a poor agriculturist. He further submitted that the charge-sheet is filed, and therefore, now there is no possibility of tampering with the evidence.