HARILAL HAMIRBHAI DANGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Section 439(2) of the Code of Criminal Procedure is filed by the applicant-original complainant for cancellation of bail granted to respondent Nos.2 and 3 by order dated 08.01.2019 passed by learned 9 th Additional Sessions Judge, Bhuj-Kutch in Criminal Misc. Application No.1105 of 2018. Under the aforesaid order, the respondent Nos.2 and 3 were ordered to be enlarged on regular bail in connection with C.R.No.I-158 of 2018 with Bhuj City 'B' Division Police Station for offences punishable under Sections 302, 325, 324, 323, 120(B), 504, 506(2), 34 of the Indian Penal Code read with Section 135 of the Gujarat Police Act.

(2.) The FIR is registered on 06.09.2018 for an incident which took place at 10:30 a.m. alleging that the complainant was every now and then making representation against the illegal activity of the accused persons and therefore, the accused persons conspired and armed with dangerous weapons like knife, iron tommy and sticks, assaulted the complainant and the deceased-Hari Lakhman Kerasiya and also assaulted other witnesses causing injuries.

(3.) Learned advocate Mr. A.D. Shah appearing for the applicant submits that not only the complainant, but even the father of the applicant had objected to the ongoing activity of illegal mining by the family members of the respondent Nos.2 and 3 since long. It is submitted that on account of the complaint made against the illegal activities, the vehicles of the accused persons came to be detained and the accused persons had to pay hefty fines running into lacs of rupees and it is for this reason, the respondent Nos.2 and 3 and the accused persons had Axe to grind.