ORAL ORDER

1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with FIR being C.R. No.11210007210045 of 2021 registered with Jahangirpura Police Station, Surat for offences punishable under sections 302, 307, 120B, 143, 144, 147, 148, 149, 323, 427, 504 of IPC and section

135(1) of the Gujarat Police Act.

2. The grievance was raised by Chintan @ Chitlo Golden before Heniben w/o. Jijneshbhai Umeshbhai Chauhan stating that he had posted his photos with Mittal Koli’s Mercedes Car in Facebook and Instagram and he told Heniben that Jignesh was feeling jealous and when she informed the same to Jignesh, it was found that Chintan @ Chitlo had spoken bad about him and his ego was hurt who informed stated that Jignesh has crossed his limit.

2.1 According to the prosecution case, the complaint has been given by Akash, stating that Jignesh had come along with his friend Sunil Venkatraman Aiyer in his Endavor Car No.GJ-BL-9000, when the complainant was standing along with his friend Krutik at Gaurav Path; they asked the complainant to sit in the car and as per the complainant while driving the car Jignesh was talking on mobile phone with Chintan @ Chitlo Golden, who asked him to come at Jahangirpura Sangini Gardenia.

2.2 It is alleged that, when they reached the said place they saw Chintan along with his friend Himanshu Patel and Mittal Patel, and suddenly they surrounded Jignesh and Sunil, and one of the person pushed Jignesh and the other person broke the glasses of the car with iron rod and baseball baton. Further, it is alleged that Chintan, Mittal Patel and Himanshu Patel had started the quarrel and they had scufÒe with Jignesh. It is alleged that Chintan gave consistent two blows with his knife on the shoulder of Jignesh and Himanshu Patel by his knife gave a blow to Sunil near the navel of his stomach and Mittal Patel gave knife blows to Sunil on the left thigh. It is alleged that when Sunil came in between, he sustained knife injury below the right shoulder and as a result Sunil tried to flee away from the place to save his life towards the internal road and it is alleged that Chintan and his 2 - 3 friends ran behind Sunil and they stopped him and started giving blows to him. It is alleged that Sunil was profusely bleeding and felt down on the ground while Chintan and his friends ran away from the place; thereafter, ambulance was called and Sunil and Jignesh were taken to the Hospital where Sunil succumbed to death.

3. Mr. Hardik A.Dave, learned advocate for the applicant stated that, the whole of the incident would suggests that the main persons from one side was Jignesh Chauhan, Sunil Aiyer and the complainant and otherside Chintan Patel, Himanshu Patel and Mittal Patel, who three have been attributed with the weapons knife. Mr. Dave stated that the present applicant is implicated in the matter because of the cross-complaint lodged by him while the FIR in connection with the present application does not show the presence of the applicant at the place of incident and the weapon that is attributed to the present applicant is baseball bat which is alleged to have been taken by the present applicant from Tushar @

Kacha.

3.1 Mr. Dave stated that such blow appears to be in retaliation of the attack by the otherside, as the instigation was from the side of the deceased, who had removed the knife first. Mr. Dave states that the aggression was of the deceased, Jignesh Chauhan and Akash Patel and when the deceased Sunil Aiyer gave a knife blow on the face of the present applicant, he got injured at his nose and lips and when was about to give second blow, the applicant for his self defence had given the blow by baseball bat taking it from Tushar @ Kacha. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.

4. Mr. J.K. Shah, learned Additional Public Prosecutor submitted that, by sharing the common intention, all had come at the place of offence