Point of Law: authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.

ORDER :

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.84 of 2018 registered with Mundra Police Station, Kutch for offence under Sections 302, 307, 143, 147, 148, 149, 323, 324, 34, 201, 504 and 427 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. Learned Senior 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 it is a case of over-implication as all the family members have been sought to be implicated and therefore, the applicant is also implicated only on the ground that the applicant is also one of the family members and that no overt act is attributed to the applicant.

2.1 It is submitted that it is a case of cross-case and the cross-case filed is also for offence under Section 302, IPC and in the incident, the applicant has also lost two of his family members, viz. father and son. It is submitted that the applicant is the only person who is in custody. Otherwise, rest of the accused have already been enlarged on regular bail. It is submitted that in fact, the complainant and his associates came at the residence of the applicant with deadly weapons and in fact, everything was found in CCTV footages. It is in fact noticed that CCTV camera was damaged and everybody was having weapons in his hand which they have used by giving indiscriminating blows. It is submitted that two persons from the family of the applicant have also lost their lives in the attack made by opposite party with deadly weapons. It is submitted that in this regard, complaint is also filed by the applicant being I-CR No.85 of 2018, Mundar Police Station. It is submitted that Shakinaben, who was Sarpanch of villave Chasra had two sons, viz. Abdul aged 28 years and Aabid aged 25 years and daughter Nazeem who resides nearby. It is stated in the FIR filed by Arab Aadam that on 23.10.2018 at about 10 O'clock during night, when he was near his house, at that time, fourwheeler car came bearing No.GJ-12-AK-2802, from which Bharat Maza Ahir, Maga Maza Ahir, who was known as Neem, having pipe, and Chetan Naran, all four came out of the car. Bharat and Chetan used abusive words standing outside the house of the complainant and at that time, Bharat tried to break open the CCTV camera outside the house of the complainant. As the complainant requested not to do so, all four got excited and started assaulting with stick and pipe. At that time, Shakinaben, who tried to intervene, was also assaulted with pipe blows. As Aabid fell down, father of the complainant Aadambhai came to him. At that time, Magan Maza Ahir and Neem inflicted injuries with iron pipe so also on the head of Chetan. It is submitted that Bolero car came during this period of time and it was also parked near the house of the complainant. Bharat Maza started Bolero car and ran over car from Aabid, who was lying. It is submitted that damage was also caused to the house. The injured were thereafter taken to Sterling Hospital, Mundra, were son and father of the complainant were declared dead. The complainant had also sustained serious injuries on his head, leg and other body parts. It is submitted that the reason for this incident was that before 2 years back, there was election for the post of Sarpanch of village Chasras, where the seat was reserved for ladies. The wife of the complainant contested on the post against one Raniben, wife of Chetan. However, as Raniben lost, keeping grudge, the incident occurred.

2.2 It is submitted that the deceased and his associates came for the purpose of making assault at the resident of the applicant. They have not only started making assault by entering into the house and had also damaged the car. It is submitted that in fact, after causing injuries to Aabid, they ran the car over him. It is submitted that in