Court emphasized that bail applications must be evaluated on the basis of the accused's specific role and the seriousness of the charges, not merely on parity with co-accused.

JUDGMENT :

DIVYESH A. JOSHI, J.

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. I-11211015220028 of 2022 registered with the Dhragandhra City Police Station, Surenranagar of the offence punishable under Sections 307 , 323, 324, 504, 506(2) read with Section 114 of the IPC and Section 135 of the G.P. Act.

2. The facts in brief leading to the filing of the present application may be summarized as under:

2.1 That the complainant lodged the impugned FIR on 23.01.2022 against total four persons wherein the present applicant-accused has been shown as an accused No. 3. It is alleged in the complaint that on 22.01.2022, at around 8:00 O’clock in the night hours, while the complainant along with his uncle were standing on the side of the road near his house, the accused Nos. 1 to 3, namely, Shankarbhai @ Salim Dudabhai Parmar, Vinodbhai Dudabhai Parmar and Rajubhai Chaturbhai Parmar, who were residing next to his house, had passed through the said road and at that time, as the said accused persons were staring them, the complainant also looked towards them, upon which, all the aforesaid persons got instigated and started abusing the complainant and his uncle. At that time, the accused No. 4, namely, Kishorbhai Chaturbhai Parmar also came there and he also started abusing them. Thereafter, all the accused persons threatened them to stay there, they will come back with the weapons. Therefore, upon hearing the shouting, the cousin of the complainant, namely, Krunalbhai Rameshbhai also reached there and, thereafter, all of them left the place. When they reached near the house of one Tapubhai Devjibhai Parmar at Ambedkarnagar, all the accused persons came from opposite side with deadly weapons wherein Shankarbhai @ Salim Dudabhai Parmar was having Axe in his hand, accused Vinodbhai Dudabhai Parmar was having wooded log in his hand, accused Rajubhai Chaturbhai Parmar was having scythe in his hand and accused Kishorbhai Chaturbhai Parmar was having iron pipe his hand and started quarrel with them. The accused Rajubhai Chaturbhai Parmar inflicted a scythe blow on the head of the uncle of the complainant. The said Rajubhai Chaturbhai Parmar also inflicted scythe blow on the head of Krunalbhai Rameshbhai due to which he fell down. Accused Kishanbhai @ Kishor inflicted a pipe blow on the head of the complainant. Accused Kishorbhai and Rajubhai also inflicted blows to the mother of the complainant on the different parts of her body. Accused Vinodbhai Dudabhai also very randomly inflicted blows with the wooden log to us. Thereafter, as the other relatives reached at the place of incident, all the accused persons left the place by administering thereat of dire consequences. Thereafter, the mother and sister-in-law of the complainant took him to the Government Hospital at Dhragandhra and thereafter shifted to the C.U. Shah Hospital, Surendrangar for further treatment. The uncle of the complainant Rameshbhai Khimjibhai Parmar, the mother of the complainant and the cousin brother of the complainant, namely, Krunal were also brought to the C.U. Shah Hospital, Surendranagar for the purpose of treatment who were admitted in the hospital. It is also alleged in the complaint that the reason behind occurrence of the said incident was that almost about four years ago from the date of the incident, all the accused persons used to sit in the