AJITBHAI HAMIRBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I ?21 of 2018 registered with Viramgam Rural Police Station, District Ahmedabad for offence under Sections 147 , 148 , 149 , 302 , 323 , 324 , 504 , 506(2) and 120B of the IPC.

(2.) It is submitted by Mr. Saurin Shah, learned advocate for the applicant, that FIR is filed by the complainant against 9 accused. During the course of investigation, the investigating officer has recorded statement of so ?called 14 witnesses who have also attributed various role to all the 9 accused. However, during the course of investigation, it is revealed that original accused No.5 - Pravinbhai Jesangbhai Gohil, accused No. 7 - Deepakbhai Karanbhai Chauhan and accused No.9 - Chitranjan Radhekrishna Maharaj were not present at the place of incident and they are falsely implicated and therefore summary is filed against three accused. Thus, it is submitted that prima facie complainant and witnesses have falsely implicated the applicant and other accused in the incident in question.

(3.) At this stage, learned advocate Mr. Saurin A. Shah appearing for the applicant has submitted that before the registration of the FIR, on the date of incident on 19.04.2018 at 18:15 hours immediately, information was given about the accident which had taken place in which one person died. Thus, the accidental death entry was made. Copy of the said entry is produced at page 12 of the compilation. It is submitted that after more than 3 hours, FIR in question is lodged for the alleged offence punishable under Sections 302 , 323 , 324 , 147 , 148 , 149 , and 120B of the IPC.