ORAL ORDER

1. This regular bail application is filed after filing of charge- sheet, in connection with the FIR being C.R. No.1211031220012 of 2022, registered with Limbdi Police Station, Surendranagar for the offence punishable under Sections 307, 326, 323, 427, 504, 506(2), 143, 147, 148, 149 of the IPC read with Section 135 of the Gujarat Police Act.

2. Heard Mr. Hriday Buch, learned counsel with Mr. K.S. Chandrani, learned counsel appearing for and on behalf of the applicant-accused, Mr. Dushyant Bhatt, learned counsel appearing for the original informant and Mr. Manan Maheta, learned APP for the respondent-State.

3. The brief facts giving rise to filing of present application are that;

3.1 The alleged offence took place on 13.01.2022, at Village: Padri, Taluka: Limbdi, District: Surendranagar. The FIR in question for the offences as referred above came to be registered against 12 persons. The applicant Gopal Jogarana has been arraigned as accused no.6 as per the charge-sheet case papers.

It is the case of prosecution that, prior to the incident, a family dispute was going on between the complainant and accused. It is alleged that, on 12.01.2022, the complainant was threatened by the accused no.1, when he along with his wife went to Limbdi Court, for furnishing surety, in the case filed against cousin brother Maheshbhai. It is in this context, the accused have formed an unlawful assembly with the common object to kill the complainant. It is alleged that, when complainant was at Village: Padri, the accused along with the applicant, armed with deadly weapons like sword, iron pipes, sticks and sickle came at the scene of offence and in order to kill the complainant, he was fatally attacked by the accused, as a result of which, the complainant sustained multiple fracture injuries and his right forefoot amputated during the course of treatment. It is further case of the prosecution that, the person who accompanied to the complainant namely Mr. Ranchhodbhai also received injuries alleged to have been caused by the accused when he tried to intervene in the scufÒe. It is further case of prosecution that, after seeing the incident by the villagers, the accused escaped from the scene of offence. The complainant and injured witness, were taken to Civil Hospital, Limbdi for the treatment and after primary treatment, the complainant was referred to Higher Centre and was admitted in Zydus Hospital, Ahmedabad, where he was admitted for a considerable time as due to sustaining of fatal injuries, 3 to 4 major surgeries performed by the Doctors of Zydus Hospital. In these background facts, the FIR came to be lodged on 16.01.2022, for the offences as referred above. During the investigation, it was revealed that, the applicant- accused armed with deadly weapon have caused injuries to the complainant and same was seized by the investigating agency. The applicant has been apprehended on 17.02.2022. After filing of charge-sheet, he moved an application for regular bail before the Sessions Court, Limbdi, which came to be rejected by the Court vide its order dated 06.06.2022.

4. Mr. Hriday Buch, learned counsel for the applicant, urged that, as per the contents of FIR, except the presence of the applicant, no specific role being assigned to the applicant. The Doctor, who has noted the history, initially, eight persons being shown as assailants. The applicant is not named in the FIR. The complainant has been discharged from the hospital and as of now, he is out of danger. In such circumstances, it was submitted that, looking to the allegations made in the FIR, it clearly established that, the applicant has been falsely implicated in the alleged offence. It was further submitted that, even if the case of prosecution is accepted as it is, even then, the ingredients of Section 307 of the IPC are not attracted.

5. In view of the aforesaid contentions, learned counsel submitted that, after filing of charge-sheet, there are no chances to temper with the eviden