ORDER :

1. Heard Mr. Yatin Oza, learned advocate with Mr. Jit Patel, learned advocate for the applicant, Mr. Chintan Dave, learned Additional Public Prosecutor for the respondent – State and Mr. Siddharth Dave, learned advocate for the complainant.

2. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with the FIR registered at C.R.No.11217009210663 of 2021 with Harij Police Station for the offence punishable under Sections 147, 148, 149, 302, 307, 323, 324, 341, 195A, 201, 120B of the Indian Penal Code read with Section 25(1B)(a), 27(1) of the Arms Act and Section 135 of the Gujarat Police Act.

3. As per the FIR lodged by one Maheshkumar Karamshibhai Punjabhai, in the year 2016 there was a deadly attack on his friend i.e. Nagjibhai Bhikabhai Desai and pursuant to that a police complaint was lodged at Harij Police Station, wherein he was one of the witnesses in the said offence and the applicant viz. Sagar @Hardikbhai Babarbhai Desai used to threaten him as he was the witness in respect of the said FIR. However, he did not succumb to threat given by the applicant and thereafter the applicant along with his father left Harij and started residing at Gajdinpur, Taluka Sami.

3.1 As per the FIR, on 30.08.2017 applicant along with one Anil Desai and others carried out a deadly attack on the applicant and accordingly a complaint being FIR being CR No.I-39 of 2017 was lodged at Harij Police Station for the offences punishable under Section 307, etc. of the IPC against the applicant. Pursuant to the aforesaid complaint along with the applicant Siddhrajsinh Talubha Vaghela and cousin of the applicant Anil Amratbhai Desai were arrested by the police.

3.2 As per the FIR, on 12.06.2021, brother of the complainant viz. Labhubhai told him that he has some work at Ganjbazar at Harij and therefore both of them went to Harij on their Activa bearing No.GJ-24-N-9880 and reached Ganjbazar, Harij and after finishing the work at 10:45 when they were passing through APMC office, the complainant found that in the corner applicant along with his cousin Anil Desai were standing and as he saw them he apprehended that something may happen and, therefore, they rushed towards the residence. At that time, one Siddhrajsinh Talubha Vaghela along with Paresh Vaghela, Chelshi Solanki and others came there, Siddhrajsinh Vaghela gave a lathi blow to his brother Labhubhai and thereafter the applicant along with four other persons came to the complainant and before they could think anything Anil Desai fired at the complainant on thighs, however, the complainant survived and thereafter the applicant pulled out a dagger and started giving blows repeatedly to the deceased Labhubhai. Rest of the people caught hold of the deceased Labhubhai and ultimately Labhubhai was shifted to a private hospital at Ahmedabad and ultimately succumbed to the injuries.

3.3 Pursuant to the aforesaid FIR, applicant along with other accused were arrested and the applicant was arrested on 18.6.2021. Thereafter, investigation was carried out by the Investigating Officer and charge sheet was filed on 20.9.2021. Present application is filed for enlarging the applicant on bail after the charge sheet is filed.

4. Mr. Yatin Oza, learned advocate with Mr. Jit Patel, learned advocate for the applicant submitted that there is a past animosity between families of the applicant and the deceased and since 2016 various complaints were filed against the family members of the applicant, including the applicant. Learned advocate Mr. Oza has submitted a chart showing the details about complaints filed against the family members of the applicant as well as the applicant. The said chart is reproduced as under:

List of FIR & Bail Orders in CR.MA 18389 of 2021

Sagar @ Hardik Babarbhai Desai V/s State of Gujarat