ORDER :

UTKARSH THAKORBHAI DESAI, J.

1. The applicant herein who happens to be the original complainant in the FIR which came to be registered by Kalol Taluka Police Station vide Part-A-CR. No.11216022240604 of 2024, has preferred the present applications against the respondent No.2 – accused Prakashbhai Prahladbhai Thakor, respondent No.2 – acccused Atul Ranchhodbhai Thakor, respondent No.2 – accused Ramanji Manaji Thakor and respondent No.2 – accused Bhagaji@Bhavanji Somaji Mevaji Thakor, praying for cancellation of bail under Section 483(3) of the BNSS, 2023.

2. All the respondents – accused along with a juvenile in conflict with law who is stated to be the main accused are alleged to have committed the offence under Sections 117(2), 118(1), 115(2), 118(2), 109, 103(1), 249(1) and 54 of the BNS, 2023 and under Section 135 of the Gujarat Police Act. As per the prosecution case the mother Shantaben Kalabhai Harjibhai Desai was attacked by the accused persons with a wooden log, stick and a bill-hook, and she having succumbed to the injuries, which she had sustained. The injured Shantaben Kalabhai Harjibhai Desai was admitted in K.D. Hospital at Ahmedabad on 22.08.2024. In her dying declaration which came to be recorded by the Executive Magistrate, she was stated that, she was attacked by the son of one Bhajiyo, who was working for a Thakor of their village. She has also mentioned that, she did not remember whether there were other persons present, who had beaten her, but has mentioned that, there were two persons namely Ranchhodbhai and Vaghjibhai, who were grazing their cattle at some distance, who had come there and thereafter, they had called her son Karan.

3. Heard learned advocate Mr. M. P. Pathak with learned advocate Ms. Megha Sabnani for the applicant, learned advocate Mr. Jigneshkumar Nayak for the respondent No. 2 – accused and learned APP Ms. Krina Calla for the respondent – State.

3.1. learned advocate Mr. M. P. Pathak for the applicant in support of his oral arguments has relied upon the judgment of the Honorable Apex Court in the case of State of Karnataka vs. Shri Darshan Etc. reported in 2025 SCC onLine SC 1702.

4. The Investigating Officer had recorded the statement of Shantaben on 24.08.2024 wherein, she had mentioned that while she was grazing her cattle near the field of Pansar Gram Panchayat, Prakashbhai Prahladbhai Thakor's Bhajiyo with a wooden log and his son with a bill-hook had attacked her, and had inflicted injuries on her forehead, nose and eyes. She has also narrated the reason for such attack saying that, at the time of Uttarayan i.e. Makar Sankranti festival, while she had gone to graze her cattle, a quarrel had ensued between her and Prakashbhai Prahladbhai Thakor's Bhajiyo, his wife and his son, whose name she doesn't know, and at that time, she was threatened by Bhajiya's son. It is pertinent to note that, while giving her dying declaration on 22.08.2024 before the Executive Magistrate, and her statement before the Investigating Officer on 24.08.2024, the deceased was conscious and in a fit state of mind. It is pertinent to note that, she had only named two persons, Ranchhodbhai and Vaghjibhai, who have been cited as prosecution witnesses, who were present at a distance, when she was attacked.

5. On perusing the statement of prosecution witness Ranchhodbhai who had rushed to help Shantaben, he had narrated before the Investigation Officer that, he had seen Bhawanji@Bhagaji and his son running away, holding a wooden log and an iron rod respectively, and thereafter, her son Ketan and prosecution witness Vaghjibhai having reached the place. This witness has categorically stated that, on the day of incident he had not seen Prakashji Prahladji Thakor and Ramanji Manaji Thakor at the place of incident or at the bore well, and that, he had not given the names of these two persons.

6. The Investigating Officer had recorded two statements of prosecution witness Vaghjibhai Desai on 22.08.2024 and 19.09.2024. T