JUDGMENT :

Ilesh J. Vora, J.

1. In this application under Section 438 of Cr.P.C., the applicants Purveg @ Bunty Anilbhai Patel and Amit @ Bablu Pravinbhai Pandya are seeking pre-arrest bail in connection with the FIR being C.R. No. 11188009200014 of 2020 registered with Modasa Town Police Station, Dist. Aravalli, for the offences punishable under Sections 307, 397, 452, 324, 323, 143, 147, 148, 504 and 506(2) of the Indian Penal Code, 1860.

2. The facts and circumstances giving rise to this application are that the complainant Miraj Desai and injured Anand Patel were serving as rector of Sunrise Hostel, situated at second floor, Block D, Tattvam Arcade, city Modasa, Dist. Aravalli. On the day of incident i.e. on 25.01.2020, at around 22:50 hours, they were on duty at hostel and victim Anand had gone to ground floor of the hostel as there was nuisance of stray dogs, when he was at the first floor of the hostel, seven persons including the present applicants herein chased him, formed an unlawful assembly and being members of the unlawful assembly, with their common object, caused bodily injuries upon Anandbhai. The applicant No. 1 Purveg @ Bunty Anil Patel snatched away the iron bracelet from the wrist of the victim and with the help of his belt, he assaulted the victim and thereafter, illegally entered into the office of the rector and looted cash amount of Rs. 30,000/-. The accused Hiren Patel assaulted the victim with washbasin pipe having metal bolt. It is alleged that, the other accused, who were present at the place, have also assaulted the victim. The victim was literally stripped by the main accused. It is alleged that, when the first informant tried to intervene, the main accused Hiren Chaudhary gave his introduction stating that he is Hiren Chaudhary and known person of village Dhansura and threatened that if they will file FIR, then be ready for dire consequences.

The whole incident captured in the CCTV camera installed at the hostel premises. The victim was taken to Satyam Multicare Hospital and Trauma Center for further treatment and was admitted as in patient for about 23 days as he suffered serious head injuries. In this background facts, the rector of the hostel, lodged the FIR for the offences as referred above. The statement of the victim in the form of dying declaration recorded by the Executive Magistrate, wherein, with the name of Hiren Patel, he narrated the incident. The investigating agency recovered recording of CCTV footage and identified the persons involved in the alleged offence. As per the prosecution case, seven persons are involved in the offence and out of seven, six persons were identified namely (1) Hiren Hitesh Chaudhary (Patel) (2) Vikalp @ Honey Vinodbhai Gajjar (3) Pranjal Dilipbhai Patel (4) Purveg @ Bunty Anilbhai Patel (5) Harmeet @ Bapu Mukeshbhai Patel and (6) Amit @ Bablu Pravinbhai Pandya, whereas, the identity of one person is still not known to the agency.

3. The applicants herein moved an anticipatory bail application before the Sessions Court concerned, which came to be rejected by the Court observing that the offence alleged is serious and prima facie, reasonable ground to believe that the accused have committed an offence and for effective investigation, custodial interrogation of the applicants is necessary and therefore, no case is made out for anticipatory bail.

4. This Court has heard Mr. N.D. Nanavati, learned Senior Counsel assisted by Mr. Dharmesh Patel, learned counsel for the applicants, Mr. Chirag Upadhyay, learned counsel for the first informant and Ms. Krina Calla, learned APP for the respondent State.

5. It is the submission of learned Senior Counsel appearing for the applicant that, applicant No. 1 is serving as Talati-cum-Mantri and has been falsely implicated in the alleged offence. Applicant No. 2 though present at the place, did not cause any injury. Referring to the images of CCTV footage, submitted by the original informant, he urged that, the victim injured armed