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 ar