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2024 Supreme(Guj) 297

DIVYESH A. JOSHI
Dipak Rohit Pradhan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR AMIT D SHAH, MS KHUSHBU R SHAH
For the Respondent: MR. L.B. DABHI

JUDGMENT :

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. 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.I-11210012231364 of 2023 registered with the Chawk Bazar Police Station, Surat of the offence punishable under Sections 302, 324, 323, 504, 114 of IPC and Section 135 of the G.P. Act.

3. The case of the prosecution, in brief, is that the present complaint has been filed by the brother of the deceased stating that on 22.10.2023, the brother of the complainant, i.e, the deceased, namely, Jaydev left the house at around 9:00 p.m. and went to Vishramnagar for playing Garba.

3.1 Thereafter, on 23.10.2023, when the complainant and the other family members were sleeping, at that time, at around 1:30 a.m., the friends of Jaydev, namely, Sanjay Mohanbhai Baraiya and Yuvraj Bhoyee came to the house of the complainant and woken them up and told them that in the yesterday afternoon, as some unknown person clicked the photo of one Shitalben in the Vishramnagar area, the brother of the complainant Jaydev, Pawan and Haresh

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