Karan @ Bholo Bhupatsinh Danuji Thakor vs State Of Gujarat

S.H.Vora, J

Though notice is served to respondent no.2, none appears. Admit. Learned A.P.P. waives service of notice of admission for the respondent - State.

By way of the present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellants - original accused challenges the order dated 04.03.2021 passed by the learned Additional Sessions Judge, Mehsana in Criminal Misc. Application No.258 of 2021 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant - original accused in connection with the F.I.R. being C.R.No.I-11206043202245 of 2020 registered with Mehsana Taluka police station for the offence punishable under Sections 302, 114 of IPC, under section 135 of G.P.Act and under sections 3(2)(5) of the Atrocities Act.

Heard and examined the papers placed for consideration in support of the submission made at bar.

Upon hearing submission, following picture emerges on record :-

(i) Charge sheet is filed.

(ii) No role to the appellants is attributed in committing the murder of deceased Karan @ Rohan.

(iii) Statement of eye witnesses do not reveal name of the appellants.

(iv) No T.I. parade is held / arranged by the investigating agency.

(v) No recovery or discovery is effected from the appellants.

(vi) In view of above, it is not legal and proper to deny bail to the appellants on such weak evidence.

(vii) The appellants have deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

(viii) In view of above position emerging at the end of hearing, the appeal deserves consideration, but by imposing suitable condition to be observed by the appellants, pending investigation and trial.

In the result, the present appeal is allowed. The Impugned order dated 04.03.2021 passed by the learned Additional Sessions Judge, Mehsana in Criminal Misc. Application No.258 of 2021 is hereby quashed and set aside. The appellants are ordered to be released on bail in connection with FIR registered as C.R.No.I-11206043202245 of 2020 with Mehsana Taluka police station on executing bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that the appellants shall:-

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

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

[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

The competent authority will release the appellants 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 take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open to the concerned Court to delete, modify or relax any of the above conditions in accordance with law. At the trial, the 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 appellants on bail.

The appeal succeeds. Direct service is permitted.