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-11211005220002 of 2022 registered with the Patdi Police Station, Surendranagar of the offence punishable under Sections 302, 143, 147, 148 and 149 of the IPC and Section 135 of the Gujarat Police Act.

3. Facts in brief giving rise to the filing of the present application are as under;

3.1 On 03.01.2022, a complaint came to be lodged by one Baldevbhai Bhikhabhai Zapda for the incident alleged to have been taken place on the very same day. The complaint states that the dispute arose when the cousin of the complainant, namely, Satishbhai Sendhabhai Bharwad started complaining to the accused persons for the illegal encroachment made by them on the road. Therefore, keeping grudge of the same, all the accused persons, with the common intention to kill the deceased, formed an unlawful assembly and laid an assault upon the cousin of the complainant.

3.2 On the fateful day, when the complainant was at his home, at around 9:00 O’clock in the morning, the daughter of the complainant rushed to him and told that a quarrel was going on at the outside. Therefore, the complainant immediately ran outside where he saw that near the house of one Rameshbhai Jayantibhai, accused Shaileshbhai Naranbhai having scythe in his hand, accused Shaktabhai Naranbhai also having scythe in his hand, accused Naranbhai Ramabhai having Axe in his hand and accused Virambhai Lalabhai Bharwad having stick in his hand, were assaulting his cousin Satishbhai. The other two accused, namely, Ratanben Naranbhai and Lalabhai Bharwad caught hold the deceased.

3.3 It is alleged that accused Shaileshbhai Naranbhai and Shaktabhai Ramanbhai inflicted scythe blows on the head of the deceased. It is also alleged that all the accused persons were beating the deceased with the respective weapons in their hands. Therefore, the complainant immediately ran towards the deceased to save him whereupon all the accused persons fled away along with the weapons. At that time, Lakhabhai Zinabhai Bharwad and Kanubhai Gokalbhai Bharwad also reached there and the deceased was immediately taken to the hospital at Patdi. The deceased was unconscious at that point of time. After giving primary treatment at Patdi Hospital, the doctor advised to take the deceased to Viramgam for further treatment. Therefore, they immediately reached to the Shiv Hospital at Viramgam where after giving some treatment, the doctor advised to take the deceased to Sola Hospital at Ahmedabad. Therefore, they took the deceased to Sola Hospital at Ahmedabad where the doctor declared him as dead. Therefore, the present FIR came to be lodged.

4. The applicant-accused approached the District & Sessions Judge, Dhrangadhra at the post charge-sheet stage by filing an application being Criminal Misc. Application No.280 of 2022 which came to be rejected by the learned Sessions Judge, Dhrangadhra vide its judgment and order dated 17.08.2022. Hence, the present application.

5. Learned advocate Mr. B.M. Mangukiya appearing for the applicant has submitted that the applicant-accused was arrested on 07.01.2022 and since then he is in jail. Learned advocate Mr. Mangukiya has also submitted that the investigation has already been completed and charge-sheet has also been filed. It is moreso submitted that the first information report has been filed against in all total six accused persons, out of which, accused Nos.5 and 6 have already been released on bail by the Coordinate Bench of this Court whereas the accused No.3 has been released on bail by the Hon’ble Apex Court. Learned advocate Mr. Mangukiya has also submitted that the role of the present applicant-accused is more or less similar to that of co-accused Naranbhai who has been enlarged on bail by the Hon’ble Apex