ORDER :

1. Heard learned Senior Advocate Mr. Yogesh Lakhani assisted by learned advocates Mr. Neel P. Lakhani and Mr. Dhruv P. Thakkar for the applicant, learned Additional Public Prosecutor Ms. C.M. Shah for the respondent State and learned advocate Mr. K.R. Dave for the original complainant through video conference.

2. By this application under Section 439 of the Code of Criminal Procedure, 1973 the applicant has prayed for regular bail after filing of the chargesheet in connection with the offence punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506 and 34 of the I.P.C., offence punishable under Sections 25(1b)A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act, with regard to the F.I.R. being I-C.R. No.11993005200314 of 2020 dated 9th May 2020 registered with Adesar Police Station, Bhachau, District Kutch.

3. Learned Senior Advocate Mr. Yogesh Lakhani assisted by learned advocate Mr. Neel P. Lakhani submitted that on perusal of the complaint dated 9th May 2020 and the statement of the complainant on 3rd June 2020 annexed with the chargesheet papers. a total different story is emerging with regard to the incident which had taken place on 9th May 2020.

4. Learned senior advocate Mr.Lakhani invited attention of the Court that in the statement of 9th May 2020 of complainant Rameshbhai, the name of the applicant is appearing and he is shown present with the other accused persons and the applicant is alleged to have stick in his hand. Mr.Lakhani thereafter, referred to the statement of the complainant Rameshbhai dated 3rd June 2020, where the presence of the applicant was shown but the complainant has not stated any role of the applicant by overt tact causing any injury to any of the deceased persons. Mr. Lakhani also referred to the statement of another witness namely Mr. Devrajbhai, which is verbatim same and according to him as the complainant and the witness have changed the version of the facts narrated in the statement dated 9th May, 2020, subsequently in additional statement dated 03.06.2020, the petitioner, who is aged about 22 years should be enlarged on bail.

5. Mr. Lakhani thereafter referred to the chargesheet at page nos.30 and 33 of the application wherein it is stated that there is no blood mark was found on the clothes, as well as, stick, which was recovered from the applicant.

6. Mr. Lakhani also submitted that a representation was made on 13th May, 2020 before the police by the brother of the applicant that the applicant was not present at the scene of offence on 9th May, 2020 and he was at village Rapar along with the brother of the applicant. It was submitted that no further inquiry or investigation is made by the police with regard to the collection of C.C.T.V. footage or retrieving the call details of the applicant to find-out his location on the date of incident.

7. Mr. Lakhani further referred to the statement dated 02.06.2020 of one Mr. Balbhadra Bhagwatsinh Zala, Unarmed Police Constable dated 2nd June 2020, wherein he has stated that there was a scuffle between both the two sides i.e. Koli and Rajput on 6th May 2020 i.e. three days before the alleged incident and it was therefore, pointed-out that in view of such scuffle, the alleged incident had taken place and as there was a case registered against the applicant three years back, the name of the applicant is falsely involved for the alleged offences though he was not present at the place of incident.

8. Mr. Lakhani pointed-out from the cross-complaint filed on behalf of the accused persons to point-out that the story narrated in the cross complaint the name of the applicant is not mentioned showing his presence at the place of incident.

9. On the other hand, learned APP Ms. C.M. Shah submitted that it is a case of murder of five persons and provision of Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506 and 34 of the I.P.C. are alleged against the applicant and in addition to the offence punishable under Secti