SIRAJBHAI YUSUFBHAI DAULTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of their arrest in connection with FIR being I-CR No.110 of 2016 before Godhra "B" Division Police Station, Panchmahals for offence under Sections 394, 323, 324, 504, 506(2), 143, 147, 148 and 114 of the Indian Penal Code.

(2.) Learned advocate appearing on behalf of the applicants submitted that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. It is submitted that the applicants are falsely involved in the offence on account of political rivalry. It is submitted that even from the narration in the FIR, it is apparent that on account of the dispute of who would contest as Sarpanch, there was existing dispute. It is submitted that even if the allegations in the FIR are considered to be true then also, considering nature of injuries received, it is a case of over-implication. It is submitted that if the role and the weapons attributed to each of the applicants is considered then also, the same is not substantiated from the injuries received by the injured eyewitnesses.

(3.) On the other hand, the learned Public Prosecutor appearing for the respondent-State has opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence. It is submitted that the applicant Nos.1 to 4 are having several antecedents against them and consistently since long they are indulging in one offence or the other. Learned Public Prosecutor drew attention of the Court to the case papers to indicate that there is medical evidence to substantiate assault by the applicants as the injured complainant and witnesses have received injuries, for which they were medically treated.