- (1.)This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the FIR bearing CR No. I 73 of 2014 registered with Joravarnagar Police Station, Surendranagar for the offences punishable under Sections 302, 201, 120B & 34 of the IPC.
(2.)The brief facts of the applicant's case is that;
On 19.02.2014 when both the deceased were going back to their home on motorcycle, they met with an accident on highway. Thereafter complainant came to know about the accident and on the very next day the present complaint came to be filed by the complainant against five persons including the present applicant.

(3.)Heard Mr.Bhargav Bhatt, learned counsel appearing with Mr.P.B.Khandheria, learned counsel for the applicant. He has contended that applicant has not committed the offence in question. He has contended that present case is of circumstantial evidence and there is no any eyewitness to the incident in entire chargesheet, nor there is any single witness, who states that the incident occurred due to collision of motorcycle with any vehicle. He has contended that as per the case of prosecution the socalled Toofan Jeep[ was driven by the accused person and it dashed with the motorcycle of the deceased and both the deceased fell on the highway and died.