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HIGH COURT OF GUJARAT
SAMIR J. DAVE, J
AJAYBHAI MOHANBHAI DODIYAR – Appellant
Versus
STATE OF GUJARAT – Respondent
CRIMINAL MISC.APPLICATION NO. 19061 of 2022
For the Appellants/Petitioners: KRUNAL S MEHTA
For the Respondents: MS C M SHAH, APP
The court emphasized the weight of eyewitness accounts and circumstantial evidence indicating the applicant's involvement in serious criminal activities, countering bail eligibility.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application post charge-sheet - Allegations of committing serious offences including murder and criminal conspiracy - The court found that the applicant was present at the scene and partook in the assault, negating claims of innocence - There were significant injuries to the deceased establishing culpability under the IPC. (Paras 1-5)
(B) Criminal Conspiracy - Nature of conspiracy - The court discussed the necessity of establishing a common intention among accused, which was evident from the acts committed and motive rooted in personal grievances. (Paras 3-5)
Facts of the case:
Involvement of applicant as an accomplice in a murder, claimed as vehicular accident but factual discrepancies and witness statements contradicted this narrative, leading to preparedness by accused. The family feud and personal vendetta against complainant were significant factors.
Findings of Court:
The court held that the applicant's presence and actions during the incident were decisive in upholding the allegations against him, deeming no grounds for bail were presented.
Issues: Whether the applicant was justifiably implicated or unfairly charged in light of presented evidence. The court considered the gravity of the charges and the circumstantial evidence against the accused.
Ratio Decidendi: The court ruled that despite defense claims, the evidence strongly supported the prosecution's case, indicating active involvement in a deadly assault with witnesses corroborating grave injuries sustained leading to death.
Result: Present application stands rejected.
| Table of Content |
|---|
| 1. application for bail after accusation of serious offences. (Para 1 , 2) |
| 2. defense argues wrongful implication and motivations behind accusations. (Para 3) |
| 3. court concludes no grounds for bail, confirming allegations based on evidence. (Para 4 , 5) |
ORDER
1. The present application is filed by the present applicant- original accused no.3 under Section 439 of the Code of Criminal Procedure, 1973 , after charge-sheet, in connection with F.I.R. registered on 13.12.2021, bearing F.I.R No. 11209055210860 of 2021 with Vijaynagar Police Station, District — Sabarkantha for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 120B of the Indian Penal Code and Section 135 of the Gujarat Police Act, inter alia alleging that the applicant-accused has committed the offence as alleged in the F.I.R.
2. It is alleged in the complaint that complainant having two brothers and three sisters and Vanrajbhai, aged about 16 years is son of his brother Martabhai Bhagora.
2.1 It is further alleged in the complaint that on 09.10.2021 one Ishwarbhai Nanjibhai Asari made phone-call to the complainant at around 8.30 p.m and informed to the effect that Vanrajbhai is lying on road-side in injured condition and also informed the complainant to arrange ambulance for him. Upon receiving aforesaid information, the complainant left his place to reach at the place of incident, but at Kelava village circle, complainant found that Ishwarbhai Nanjibhai Asari and complainant’s son Rahulbhai was in Ambulance. At that time, the complainant seen Vanjrajbhai in injured condition and observed injuries njuries on his back side of the head and was in bleeding condition. Moreover, his left hand was broken and there was bleeding from his private part. Because of the grievous injuries caused to him, he became unconscious. When the complainant asked Ishwarbhai Asari about the incident, the complainant came to know to the effect that Ishawarbhai Asari and son of the complainant Rahulbhai went to see Navratri, at that time, Vanrajbhai and Nileshbhai Bakabhai were returning from Navratri festival and due to speed breaker near K.J Patel high School, Vanrajbhai slow down his motor-cycle and other motor cycles dashed with motorcycle of vanrajbhai from behind.
2.2 It is further alleged that accused no.1 was driving motor- cycle and equipped with tommy and accused no.2 was pillion rider of said motor cycle and he was also equipped with Tommy.
It is further alleged that other motorcycle also came from behind and Ajaybhai Dodiyar i.e. present petitioner, Niravbhai Dodiyar and Rakesh Pandore reached at the place of incident with deadly weapons. It is alleged that aforesaid accused beaten Vanrajbhai with Tommy. It is further alleged that Nileshbhai also caused injuries on right side of the head and due to such injuries, Vanrajbhai was died on the spot.
2.3 It is further alleged in the FIR that son of the complainant namely Balvantbhai solemnized marriage with sister of Viralbhai Vadera viz. Minalben without consent, and therefore, accused persons had bitter relations with complainant and his family broadly upon aforesaid allegations, the FIR came to be registered against five persons including present petitioner.
3. Learned advocate for the applicant has submitted that it is absolute case of vehicular accident and after lapse of around 65 days, the complainant concocted story of impugned complaint and tried to rope present petitioner into the alleged offence. The complainant had deliberately concealed the real incident and the preliminary investigation and statements just to rope petitioners into the alleged crime.
3.1 Learned advocate for the applicant has submitted that the eye witness Nilesh Bakabhai Bhagora and pillion rider who was travelling with the deceased Vanrajbhai i.e son of the complainant after the alleged incident went to the doctor i.e Dr. Ashishbhai Rameshchandra Vora and told
