JUDGMENT :

1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [‘Cr.P.C’, for short], the applicant has prayed for regular bail in connection with FIR being CR.No.11993005200314 of 2020 registered with Adesar Police Station, Bhachau, Dist.Kutch for offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 506(2), 120(b) and 34 of Indian Penal Code along with sections 25(1-a), 25(a), 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act.

2.1 The present applicant is one of the accused persons pursuant to FIR in respect of which accused Vishan Hira Koli, Pravin Hira Koli, Sidhrajsinh Bhagubha Vaghela, Khetabhai Parbat Koli, Vanraj Karshan Koli and Dinesh Karshan Akhiyani (Koli) were enlarged on bail by various orders passed by different coordinate Benches of this Court and the orders granting bail to those accused persons were challenged before the Hon’ble Supreme Court.

2.2 The Hon’ble Supreme, vide judgment dated 20.04.2021 quashed and set aside the order of this Court whereby bails were granted to each of those accused persons. At the relevant point of time though present applicant was not enlarged on bail and, therefore, his case was not considered by the Hon’ble Supreme Court and, therefore, the present application is preferred.

3. The brief facts of the case are stated as under:

3.1 A First Information Report (“FIR”) being CR No 11993005200314 was registered on 9 May 2020 at Police Station Aadesar, District East Kachchh - Gandhidham for offences under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 of the Indian Penal Code, Sections 25(1-b) A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act. The appellant - Ramesh Bhavan Rathod - is the informant on whose statement, the FIR was registered at 1930 hours in respect of an incident which took place at 1300 hours. The incident took place in village Hamirpur which is at a distance of 20 kms from the police station. The incident which led to the commission of five murders had its genesis in a land dispute. The informant alleged that he and his brother Pethabhai had gone to their farm at 6:00 am. At 1 pm, the informant, Pethabhai and his brother-in-law Akhabhai were returning home in a Scorpio vehicle with five other persons. When the vehicle reached the untarred road passing through the farm of Lakha Hira Koli and Kanji Bijal Koli, these two persons came out along with Lakha Hira Koli. Lakha Koli dashed his tractor on the front portion of the Scorpio vehicle. Kanji Koli parked his tractor on the rear side of the Scorpio, behind which another Sumo vehicle came to be stationed. The Scorpio and its occupants were waylaid. As the informant and others attempted to run away from the scene, he saw the homicidal incident which he describes in the following terms:

“..At that time I saw that Dhama Ghela Koli, Devendrsinh alias Lalubha Ghelubha Vaghela, Vishan Hira Koli, Bharat Mamu Koli, Dilip Mamu Koli, Ramshi Hira Koli, Pravin Hira Koli, Bhaghubha Hasubha Vaghela, Mohansang Umedasng Vaghela and Vanraj Karsan Koli and Dinesh Karsan Koli all come with weapons Pistol, Dhariya, Knife from the thorny fence nearby, in which Dhama Gela Koli and Devendrasinh alias Lalubha Gelubha Vaghela and Visan Hira Koli and Bharat Mamu Koli had fired rounds from Rifles in their hand targeting Akhabhai and others at that time. Akhabhai Jeshangbhai Umat my Brother Pethabhai Bhavanbhai Rathod and Amara Jeshang Umat and Lalji Akhabhai Umat and Vela Panchabhai Umat injured due to firing and laying on land and that time Lakha Hira Koli's Wife, Kanji Bijal Koli's Wife Lakhman Bijal Koli's Wife and Dhama Ghela Koli's Wife and Vishan Hira Koli's Wife also come there, their name is I do not know, and Visan Hira Kofi talk with Akhabhai that why you are cultivating my father and grand father's land that is our la