SHAMBHUBHAI DEVRAJBHAI JARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present successive application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with CR No.11205032210048 of 2021 registered with Mundra Police Station, Kutch for offence under Ss. 302 , 343, 114, 326, 330 and 331 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is Gram Rakshak Dal Javan, discharging duties at Mundra Police Station. It is submitted that he is not named in the FIR, but during the course of investigation, in a subsequent statement of the victims, name of the applicant is arraigned as an accused.

(3.) As against this, learned APP appearing on behalf of the respondent-State and learned Advocate for the original complainant have opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that it is a gross case of custodial death and two persons, who were sought to be falsely implicated in the offence to settle a land dispute, have died.