IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 7382 of 2021

========================================================== SUNNY ALIAS SUNIL S/O PRAVINBHAI DALKI Versus STATE OF GUJARAT ==========================================================

Appearance: NILAY H PATEL(7856) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1 ==========================================================

CORAM: HONOURABLE MR. JUSTICE S.H.VORA

Date : 05/08/2021

ORAL ORDER

1. Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11186009200545 of 2020 with Veraval Police Station, Gir Somnath for the offences punishable under Sections 302, 201, 114 of IPC and under section 135 of GP Act.

3. Case of the prosecution is as under :-

3.1 It is alleged in the FIR that deceased father of the present petitioner was found dead on boat and therefore, one Tulsibhai had informed the city police with respect to the said incident and therefore, police officers have reached to the place of incidence whereby concerned officers have made a panchnama in presence of two panch and found injuries on the dead body and therefore, impugned FIR is lodged against anonymous person.

4. Learned advocate for the applicant took this Court through various material gathered by investigating agency and he urged to enlarge present applicant on bail as there is no eye witness to the occurrence of incident and co-accused viz. Ms. Paniben – mother of the present applicant is enlarged on bail by Co-ordinate Bench.

5. I have minutely considered charge sheet papers and more particularly statement of sisters of deceased viz. Ms. Bhavnaben and Ms. Gangaben with whom deceased used to stay. It is a matter of fact that Ms. Paniben is mother of present applicant, whereas, deceased is father of the present applicant and husband of accused no.2 – Ms. Paniben,

6. From the statement of Ms. Bhavnaben, sister of the deceased, it appears that applicant visited her house for three times to take deceased with him and it is also disclosed by her that deceased was reluctant to go with the applicant as deceased was apprehending that he would be beaten and despite reluctance on the part of the deceased, the applicant took deceased with him. Thereafter, deceased went at the applicant's house. Statement of Shri Sunilbhai Parmar is recorded on 11.05.2020, he disclosed that the applicant took deceased on motorcycle along with him and after reaching at Veraval port, the applicant told witness to go home and told him to come back at Veraval port as and when he would call. It is disclosed by said witness that as per instruction, he left place and again came back at Port and at that time, deceased was not with the applicant. Upon inquiry of said witness, the applicant informed that his father has gone in boat for fishing purpose. Accordingly, both the applicant and said witness

returned back. On the next day, dead body of the deceased was found in between two boats at Veraval port. PM report indicates death of the deceased due to head injury and strangulation of neck and further injury was caused by relatively sharp and heavy weapon. Thus, it becomes clear that deceased and applicant were last seen together and having regard to statement of sister of deceased viz. Ms. Bhavnaben, involvement of the present applicant in the commission of offence of murder of deceased cannot be ruled out. Therefore, present application being devoid of merits, is hereby rejected.

7. Learned Trial Judge shall decide the case on its merits, as findings recorded in the present order are for deciding present bail application of the applicant only.

(S.H.VORA, J)

SATISH