Allowed

Ramnareshsinh Birendrasinh Bhadorya (Rajput) v. State of Gujarat

Gujarat HC29 Nov 2022CR.MA/12689/2022

Case brief

AI extract

What is this about?

The High Court allowed regular bail for the applicant in a murder and attempt to murder case. The court noted procedural irregularities, doubts in the prosecution case regarding the complainant's version, and the applicant's non-involvement in inflicting injury, granting bail subject to conditions and fees.

What did the court decide?

Regular bail granted on a personal bond of Rs. 15,000 with one surety and compliance with standard conditions.

Ramnareshsinh Birendrasinh Bhadorya (Rajput) Vs… — Murder and Culpable Homicide | Gujarat HC (2022)

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 12689 of 2022

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RAMNARESHSINH BIRENDRASINH BHADORYA (RAJPUT) Versus

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STATE OF GUJARAT

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Appearance:

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MR MOHDDANISH M BAREJIA(10612) for the Applicant(s) No. 1 MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date : 29/11/2022 ORAL ORDER

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1. This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR No. 11189005220297/2022 registered with Morbi Taluka Police Station, Morbi for offences punishable under sections 302, 307, 323, 504, 506(2), 114 of IPC and Section 135 of the Gujarat Police Act.

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2. Mr. Barejia, learned advocate for the applicant submits that initially, the FIR was filed against 3 brothers and subsequently, after investigation, the police found presence of accused no.2 at some other places by examining CCTV footage and accused no.3 at the work

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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place, on verification of statement of
the employer. The police, on further
investigation, charge-sheeted the present
applicant as accused no.3 and another
accused – Pushpendrasinh @ Lalla and
thus, submitted that the very case of the
prosecution becomes doubtful.

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2.1 Mr. Barejia further states that as per
the further statement of the complainant
on 25.2.2022, who on verifying the
contents of the FIR dated 21.2.2022,
improved his case and according to him,
on 21.2.2022, he and his uncle –
Udayprakash were traveling from Nagdavas
on the Hero Honda Splendor motorcycle at
about 05:00 p.m. towards Morbi and
approximately at about 06.15 p.m., when
they were on the road, accused no.1–
Devendrasinh @ Bindu and two other
persons were standing with their
motorcycle. Mr. Barejia submits that
according to the complainant, at that
time, accused no.1 stopped them and told
the complainant as to why he was

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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quarreling with him; thereafter, abusing
him, used iron pipe and gave one blow at
the shoulder of the complainant. Mr.
Barejia submits that the complainant
thereafter, ran away from the place.
According to Advocate Mr. Barejia, the
very act of accused of stopping the
complainant and his uncle suggests that
he had seen all the accused together. Mr.
Barejia submits that the conduct of the
complainant becomes doubtful since he,
instead of staying along with his uncle,
ran away from the place and further, he
had the occasion to acquaint himself with
all the 3 persons together. Improving the
case, Mr. Barejia submits that the
complainant, after having ran away from
the place, implicates 2 other persons
stating that they had caught hold of his
uncle and when third person was about to
give knife blow, at that time, uncle–
Udayprakash started to escape from there
and accused no.1–Devendrasingh @ Bindu
gave two blows on the head of his uncle
and thereafter, gave persistent blows on

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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his uncle’s body and was threatening to
kill him, at that time, people gathered
there and therefore, all the 3 persons
ran away on their motorcycle towards
Village Dharampur. Mr. Barejia submits
that the statement dated 25.2.2022 gives
the clarification of the complainant that
as accused no.1 had given an iron pipe
blow, he got frightened and therefore, he
could not recognize other 2 people along
with him and on assumption, he had given
the name of two brothers of accused no.1.

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2.2 Referring to the charge-sheet, Mr.
Barejia submits that the case of the
prosecution suggests that accused no.1
had given one blow to the complainant on
his shoulder and therefore, he ran away
from the place. During that process, the
present applicant – accused no.3 had
caught hold of the deceased uncle and
accused no.2, by removing the knife from
his pocket, tried to inflict the blow and
as deceased was about to escape, accused
no.1, with an intent to kill, gave iron

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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pipe blow.

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2.3 Mr. Barejia submits that Section 307 of
the IPC was invoked and after around 5–6
days, since the injured uncle died,
Section 302 of the IPC was added. Mr.
Barejia submits that no Test
Identification Parade was conducted. The
present applicant had no motive and
whatever dispute and scuffle arose, it
was because of accused no.1. Mr. Barejia
submits that since the named accused of
the FIR were subsequently changed and the
present applicant was shown as accused
no.3, it was necessary for the
prosecution to conduct the Test
Identification Parade to prove the prima
facie case against the present applicant.

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3. Countering the arguments, Mr. Pranav Trivedi, learned Additional Public Prosecutor for the respondent–State submits that the FIR was given with the same set of facts and the uncle of the complainant was injured by accused no.1. The complainant was not knowing the

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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identity of the rest of the accused and
on his understanding, he has named 2
brothers of accused no.1, but
subsequently, under investigation, it was
found that accused nos.2 and 3 were not
at the place of the incident and on
further verification and the statement of
the complainant charge-sheeted accused
nos.2 and 3 were found present at the
place of incident. The statements of
other witnesses were recorded to find the
presence of the accused nos.2 and 3 at
the place of incident and thus, learned
APP submits that the present applicant
has facilitated the accused no.1 to carry
further his criminal intent of killing
uncle of the complainant. Learned APP

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further submits that there is an
extrajudicial confession of the co-
accused no.2 before the witness–Dinkiben.
It was, thus, urged to reject the
application.

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4. FIR was filed against 3 brothers. The complainant had an opportunity to

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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identify the face and figure of two other
accused, but subsequently, the presence
of the present applicant and one co-
accused were found at some other place.
Further, taking into consideration the
role attributed to the applicant of
having caught hold of the uncle, where
the actual motive is attributed to
accused no.1 who had the intention of
injuring the complainant, but as per the
prosecution case, during the process,
uncle got injured and the injury led to
death. Taking the fact into consideration
that the present applicant has not
inflicted any blows, nor has caused any
physical injury, discretion is exercised
in favour of the applicant.

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5.Hence, the present application is
allowed. The applicant is ordered to be
released on regular bail in connection
with FIR No. 11189005220297/2022
registered with Morbi Taluka Police
Station, Morbi on executing a personal
bond of Rs.15,000/- (Rupees Fifteen

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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Thousand only) with one surety of the
like amount to the satisfaction of the
Trial Court and subject to the conditions
that the applicant shall:

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of the prosecution;

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[c] surrender passport, if any, to the lower court within a week;

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[d] not leave India without prior permission of the concerned trial court;

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[e] 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;

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6. The authorities shall adhere to its own

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R/CR.MA/12689/2022 ORDER DATED: 29/11/2022

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Circular relating to COVID-19 and,
thereafter, will release the applicant
only if the applicant is not required in
connection with any other offence for the
time being. If breach of any of the above
conditions is committed, the Sessions
Judge concerned will be free to issue
warrant or take appropriate action in the
matter. Bail bond to be executed before
the lower Court having jurisdiction to
try the case.

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7. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(GITA GOPI,J)

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Maulik

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Ramnareshsinh Birendrasinh Bhadorya (Rajput) v. State of Gujarat

Case brief

What is this about?

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Ramnareshsinh Birendrasinh Bhadorya (Rajput) v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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