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2022 Supreme(Guj) 1640

GITA GOPI
Vaghari Sanjaybhai Arjanbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Pratik B Barot
For the Respondent: Mr. Pranav Trivedi APP.

JUDGMENT :

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No.11206002220236 of 2022 registered with Visnagar Taluka Police Station, Dist: Mehasana punishable under Sections 302, 307, 143, 147, 148, 149, 504, 506(2), 427, 337 of the Indian Penal Code and Section 135 of the G.P.Act.

2. Mr.Pratik Barot, learned advocate for the applicants stated that the incident of 02.04.2004 has led to filing of two FIRs, and since nephew of the complainant in the present FIR, Mahesbhai Dashratbhai died, hence the FIR attracted Section 302 of the Indian Penal Code for murder; while the cross complaint invokes the provisions of Sections 323, 324, 504, 506(2), 143, 147, 148, 149, 337 of the IPC and Section 135 of the G.P. Act, which was registered on the very same day i.e. on 03.4.2022 being FIR No.11206002220236 of 2022 registered with Visnagar Taluka Police Station, Dist: Mehasana.

2.1 Mr.Barot submitted that actual genesis of the crime is suppressed by the complainant which gets clarify from the statement of witnesses, medical evidence and cross FIR and even by the medical evidence and chargesheet of the pres

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