SIDHIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R.No.11993005200601 of 2020 with Aadesar Police Station, District Kachchh (East) Gandhidham for the offences punishable under Sections 302 , 143 , 144 , 147 , 148 , 149 and 34 of the Indian Penal Code, 1860 ( IPC ) and Section 135 of the Gujarat Police Act.

(3.) Learned advocate for the applicant has submitted that the allegations made against the applicant are vague and he has been falsely implicated in the alleged offence. He has submitted that the applicant is behind bars since 01.08.2020. He has submitted that applicant and others were not found with deadly weapons. Thus, the intention of causing death is absent and a matter of record that the deceased died due to injury sustained on head. He has further submitted that the applicant is aged about 40 years. He has submitted that one Jagabhai Rupabhai Rabari informed the first informant to give the names of the accused persons. He has also submitted that the police have commenced with the investigation in most careless manner as there are 28 accused persons named in the FIR and without investigation and without any basis they have been arrested and the investigation is carried-out by recording statement of 2-3 family members, who pose as witnesses. He has submitted that the call details of the mobile phone have not been collected by the police and, therefore, the location and duration were required to be obtained from the concerned mobile company. He has submitted that the applicant has not played any role in the said offence.