ASHABEN @ BABUBEN KETANBHAI VSTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application preferred under section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed for regular bail in connection with IC. R.No.24 of 2018 registered with Joravarnagar Police Station, District Surendranagar, for the offences punishable under sections 302, 323, 506 part 2 and 114 of the Indian Penal Code, whereby the applicant has been arrested on March 19, 2018.

(2.) It is the case of the prosecution that on the date of the incident in question, the first informant received a phone call from one Shri Ketan, whereby he was informed that his brother was lying in an open plot. He went to his friend Shankarbhai and both of them had gone to the said place in a car, where they found Ketanbhai and Mehulbhai armed with wooden log and Pradipbhai Vastani was also present. Nilesh was shouting and pleading. When he inquired as to why he was beaten, the complainant was asked to ask about the same to his brother only.

(3.) It is the case of the complainant that the deceased had illicit relationship with the applicant. When no one was present at her home, she had called him. When noticing them in compromising condition, the accused persons had beaten the deceased and thereafter, he was done away with the death.