TaxTMI 
TaxTMI 
TaxTMI 
2020 (10) TMI 1375
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....t 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 charge-sheet 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(1-b)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 statemen....
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....t 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 ....
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....n the year 2017 and 2019. 12. Therefore, it was prayed that taking into consideration, overall facts and circumstances of the case, where five persons have lost their life, the applicant should not be enlarged on bail. 13. Learned advocate Mr. Kirtidev R. Dave, who was permitted to appear on behalf of the original complainant, adopted the arguments of learned APP and further submitted that the applicant is having antecedents and therefore, if he is enlarged on bail, there is a likelihood of breach of peace. He further submitted that there is an assertion by the complainant in the complaint dated 9th May 2020 that the applicant was present at the place of incident and further, the same was reiterated in the additional statement recorded un....
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.... chronology of events which took place at the place of the incident on 9th May 2020 is in effect substituted by the complainant in the additional statement dated 3rd June 2020 by narrating altogether different details. At this juncture, this Court is not going into the details of the incident as it may affect the trial at the later point of time. Suffice is to say prima facie appears that the applicant has been involved in alleged offences due to pending proceedings of the previous offences and enmity with the complainant side. 15. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 16. Having heard the learned advocates for the parties and perusing the material placed on record and tak....
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....ot leave the State of Gujarat without prior permission of the concerned trial court till the trial is over; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month till the trial is over; [f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court; [g] not enter the revenue limits of District Kutch for the period of six months except marking his presence before the concerned police station and to attend the trial. 20. This order is passed considering the facts of the case of the applicant only and the same shall not be co....