Makbulhussain Musabhai Fangat vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. P. Y. Jasani on behalf of the learned Advocate Mr. Apurva R. Kapadia for the appellants and learned APP Mr. Ronak Raval on behalf of the respondent-State.

Admit. Learned APP Mr. Raval waives service of notice of admission on behalf of the respondent- State.

By way of this appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. bearing C. R. No. 11192035220043 of 2022 registered with Mandal Police Station, Dist. Ahmedabad Rural for offences punishable under Sections 325, 324, 504 and 114 of the Indian Penal Code, and under Section 3(1)(r), 3(1)(S) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned Advocate Mr. Jasani on behalf of the appellants would submit that allegations against the present appellants being that the appellants had assaulted the first informant and his brother with wooden sticks and whereas the appellants are also alleged to have stated caste related abuses against the first informant and his brother. Learned Advocate Mr. Jasani would submit that even reading the FIR concerned, it would appear that no serious injuries have been inflicted upon the first informant and witness brother and whereas the learned Advocate Mr. Jasani would submit that the first informant and the witness, both have been discharged from the hospital approximately two days after the incident and whereas learned Advocate Mr. Jasani would submit that considering the fact that the appellants are in custody since 08.03.2022, this Court may release the present appellants on regular bail.

This application is strongly resisted by the learned APP Mr. Ronak Raval on behalf of the respondent-State, who would submit that the appellants who had assaulted the first informant and his brother, more particularly, the appellant no. 1 having a grudge against the first informant and his brother that the first informant, was informing the depot manager about the appellant no. 1 leaving the depot for having lunch etc. Learned APP Mr. Raval would submit that apart from the assault the appellants are also stated to have used caste related abuses. Having regard to the same, learned APP Mr. Raval would submit that this Court may not release the present appellants on regular bail.

Having heard the learned Advocates for the parties, following aspects are considered by this Court:

[1] The injuries inflicted upon the first informant and his brother, have been by wooden sticks and whereas it appears that the injuries were not inflicted on any sensitive part of the body and whereas the injuries were also not very serious in nature.

[2] The first informant and the witness brother, are stated to have been discharged from the hospital appropriately 2-3 days after the incident [3] The appellants being in custody since 08.03.2022.

[4] The appellants not having any antecedents.

In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the appellants on bail.

Hence, the application is allowed and the appellants are ordered to be released on bail in connection with C.R. No. 11192035220043 of 2022 registered with Mandal Police Station, Dist. Ahmedabad Rural on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

[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 the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior intimation to the Investigating Officer concerned ;

[f] mark presence once in a month for a period of next six months at the Police Station concerned.

The Authorities 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 issue warrant or 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 for the concerned Court to delete, modify and/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. Direct service is permitted.