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2024 Supreme(Guj) 72

DIVYESH A. JOSHI
Navinkumar Bhavarlal Khatik – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. Zubin Bharda, Ld. Adv. with Mr. Kishan H. Daiya.
For the Respondents: Mr. Daifraz Havewala, Ld. Adv. with Mr. Prem D. Dave, Mr. H.K. Patel, Ld.

JUDGMENT :

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No.11824001211106 of 2021 registered with the Vyara Police Station, Tapi of the offence punishable under Sections 302, 307, 324, 120(B), 201, 225, 212 and 114 of the IPC and Section 135 of the G.P. Act.

2. The case of the prosecution in nutshell is as under; 2.1 On 14.05.2021, the complainant received a message that when his cousin brother, namely, Nishishbhai Manubhai, i.e, the deceased was standing near one fruit shop at the side of the highway road near the temple of Vrudavadi Hanumanji, at that time, four unknown persons, as a part of pre-planned criminal conspiracy, came in one silver colour KUV four-wheel of Mahindra company bearing registration No.GJ-05-JP-2445 and dashed the same with the Moped bike of the deceased, due to which, the deceased fell down. Thereafter, all those unknown persons got down from the said four-wheel with the sword and knife on their hands and made an assault on the deceased. As the shopkeeper Ganeshbhai and his persons tried to intervene, the accused persons started giving deadly blows to th

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