Gujarat High Court
Dharmeshbhai @ Kalu Dineshbhai Talpada vs State Of Gujarat on 20 September, 2022
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/CR.MA/11468/2022 ORDER DATED: 20/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 11468 of 2022
With
R/CRIMINAL MISC.APPLICATION NO. 11622 of 2022
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DHARMESHBHAI @ KALU DINESHBHAI TALPADA
Versus
STATE OF GUJARAT
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Appearance:
MR PRITESHKUMAR A VAGHELA(10078) for the Applicant(s) No. 1
MR NITINBHAI K JADAV(12296) for the Respondent(s) No. 1
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 20/09/2022
ORAL ORDER
1. The above applications arise out of same and one FIR and therefore, both these applications were heard together and disposed of by this common order.
2. Heard Mr. Japan Dave and Mr. A.S. Timbaliya, learned advocates appearing for and on behalf of the applicants, Mr. Nitin Jadav and Mr. Nishant Jatav, learned advocates appearing for the original complainant and Mr. Manan Maheta, learned APP for the respondent-State.
3. The applicants, by way of these applications filed under Section 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No.I- 11204040220052 of 2022 registered with Matar Page 1 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022 R/CR.MA/11468/2022 ORDER DATED: 20/09/2022 Police Station, District: Kheda for the offences punishable under Sections 302, 279 and 114 of the IPC and Sections 177 and 184 of the M.V. Act.
4. Brief facts leading to filing of present application are that:
4.1 The alleged incident took place on 14.03.2022 at about 1:15 p.m. occurred at parking place of Hotel Western, on Kheda-Nadiad bypass road, Taluka: Matar, District: Kheda. Initially, case was registered as accidental death. In the alleged incident, 4 persons namely Jitesh, Harish, Naresh and Sundaram have lost their lives. They were riding on one bike and bike was driven by deceased Jitesh and while going towards Ahmedabad, the bike was rammed into stationer container parked in the hotel area, as a result of which, driver and three pillions of the bike, died on the spot. During the investigation, the investigating officer had requested the Concerned Court for addition of Section 304 of IPC i.e. culpable homicide not amounting to murder. During the further investigation, it was revealed that, it is not case of culpable homicide not amounting to murder, but it is a case of murder, alleged to have been committed by six persons, including the present applicants. It is in this background facts, the I.O.
submitted an application before the Court concerned for addition of Section 302 of IPC. During the investigation, the motive behind the incident is emerged that, deceased Naresh Vijay Vanzara was having relation with one lady Pritiben resident of Nadiad. Witness Ashish Sureshbhai Page 2 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022 R/CR.MA/11468/2022 ORDER DATED: 20/09/2022 was aggrieved with the said relationship and on this aspect, he had beaten lady Pritiben at Mumbai. Deceased Naresh came to know that witness Ashish was harassing Priti. Deceased Naresh along with his seven friends including all the deceased, went to Nadiad to gave a lesson to the witness Ashish and others. On 13.03.2022, they were proceeded from Ahmedabad to Nadiad, by different two wheeler and while reaching at Nadiad Railway Station, they saw that the accused and others were in a mood to attack them, as a result of which, they decided to fled away from the spot. The deceased in all four persons ran away on their motorbikes alleged to have been driven by deceased Jitesh and when they were on Nadiad Ahmedabad Road, the accused have tried to chase them by black colour Scorpio car alleged to have been driven by accused no.1 Ravi. It is case of the prosecution that, during the process of chasing, at one point of time, the accused were shouting "stop, stop, otherwise we will kill you". However, the persons who were on motorbike did not heed the request. It is alleged that, when deceased did not stop their vehicle, the accused, with intention to kill the deceased, hit the bike by speeding Scorpio car, as a result of which, the bike was rammed into stationery vehicle and all have sustained fatal injuries and died on the spot.
4.2 In the aforesaid facts, the applicants and four other persons have been charge-sheeted for the offences punishable under Sections 302, 114, 279 of the IPC and Sections 177 and 184 of the M.V. Act.
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5. Mr. Japan Dave and Mr. A.S. Timbaliya, learned advocates submitted that, the applicants have been falsely implicated in the alleged offence. It was submitted that, neither the applicants were involved in the alleged love affair of the lady, nor, any motive on their part to kill the deceased. It was submitted that, the story of the prosecution is highly improbable and the case of accident, has been converted into offence of murder without there being any evidence thereof, as ingredients of murder as defined under Section 300 have not been established against the accused. Reiterating the charge-sheet case papers, they submitted that, the only role attributed to the applicants is to the extent that, they were in the car with the company of principal accused driver and therefore, there is no evidence to indicate that, the applicants have in any manner abetted the principal accused in commission of the offence.
6. In the aforesaid contentions, it was submitted that, the evidence of T.I. Parade is highly suspicious as considering the facts of the case, it is difficult for any human being to see the face of the persons who are sitting in the speeding car and that too, with the parallel speed. Thus, therefore, when charge-sheet is filed and case will not likely to proceed further, keeping the applicants behind bar would serve no purpose. Thus, they pray that discretion may kindly be exercised in favour of the applicants.
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7. Opposing the bail application, Mr. Nitin Jadav, learned advocate for the original complainant and Mr. Manan Maheta, learned APP for the respondent-State submitted that, the applicants were liable for the alleged act of murder as they were traveling in the Scorpio car and during the proceedings of T.I. Parade, witness have identified them. It was submitted that, when Scorpio car reached at toll plaza, they did not stop there and after damaging the barricade of the toll plaza, they had chased the deceased which conduct shows that, there was intention to kill. In such circumstances, it was submitted that, considering the nature and gravity of accusation and severity of punishment in the event of conviction, the application may not be entertained.
8. Having heard the learned counsel for the respective parties and upon perusal of the charge-sheet case papers, it appears that prior to the incident, dispute arose with witness Ashish with respect to maintaining friendship with witness Priti, resident of Nadiad. Upon perusal of the statement of witnesses, the deceased and their friends came at Nadiad and they were in search of witness Ashish, who had abused the witness Priti. However, somehow, the accused could not met the Ashish and upon seeing the accused at the railway station, they fled away from the railway station. In such circumstances, while deceased at run on their motorbikes, the accused chased them by vehicle Scorpio and in that process, the incident has taken place. It is the case of the prosecution that with an intention to kill the deceased, the bike was hit by the Page 5 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022 R/CR.MA/11468/2022 ORDER DATED: 20/09/2022 Scorpio vehicle alleged to have been driven by accused no. 1 Ravi. Record indicates that, the present applicants were seated in the Scorpio car. It is not in dispute that bike was rammed into container parked near Hotel Western and it was not on road side. While drawing the panchnama of scene of offence, one sward was found near the bike. In this context, the statement of Ashish recorded on 21.03.2022 by the Investigating Agency, is relevant for the purpose of deciding the bail application. Witness Ashish has categorically stated that, he has been told by Dharmesh Parmar that while in the process of chasing the bike, the accused Naresh having armed with sward, given a blow on the bonnet of the Scorpio Car, as a result of which, the accused No. 1 Ravi, lost his temperament and bike was hit by speeding Scorpio vehicle.
9. In the aforesaid facts, so far role attributable to present applicants are concerned, they were not on driving seat nor it is the case of the prosecution case that they have abetted the principal accused in executing the alleged offence. In such circumstances, without much discussion on the merits of the case, considering the role attributable to present applicants herein and evidence in support of charge, I am inclined to release the applicants on bail.
10. Hence, present applications are allowed and the applicants are ordered to be released on regular bail in connection with the FIR being C.R. No.I-
11204040220052 of 2022 registered with Matar Page 6 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022 R/CR.MA/11468/2022 ORDER DATED: 20/09/2022 Police Station, District: Kheda, on executing a personal bond of Rs.10,000/- (Rupees Ten thousand only) each, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;
No. Conditions
(a) not take undue advantage of liberty or misuse liberty;
(b) not act in a manner injuries to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the Sessions Judge concerned;
(e) furnish latest 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 trial Court;
11. The Authorities will release the applicants only if they are 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, Page 7 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022 R/CR.MA/11468/2022 ORDER DATED: 20/09/2022 learned Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(ILESH J. VORA,J) P.S. JOSHI/06.10 Page 8 of 8 Downloaded on : Sun Dec 25 02:14:07 IST 2022