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2021 Supreme(Guj) 419

B.N.KARIA
VELJIBHAI JOTIBHAI VASAIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR KIRTIDEV R DAVE, MR RAHUL K DAVE
For The Respondent: MR HK PATEL

ORDER :

The present application is filed under Section 439 of the Code of Criminal Procedure by the applicants for regular bail in connection with an FIR being C.R.No. I- 11821033210086 of 2021 registered with Limdi Police Station, District: Dahod for the offences punishable under Sections 3 and 4(3) of the Gujarat Land Grabbing (Prohibition) Act 2020.

Learned advocate for the applicants submits that this is a successive bail application preferred by the applicants as Criminal Misc. Application No.7229 of 2021 was withdrawn by the present applicants as the chargesheet was filed during pendency of the said application and vide order dated 2.6.2021 permission was granted and hence, this successive bail application is preferred by the applicants. It is further submitted that as per the allegations, the applicants have encroached upon the land of the complainant and for that Regular Civil Suit No.29 of 2012 was filed by the complainant before the learned Civil Court, Jhalod wherein the decree was passed thereon holding the land is of the complainant. It is further submitted that the decree passed in Regular Civil Suit No.29 of 2012 was challenged before the District Court by filing an ap

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