Mansukhbhai Tapubhai Sankadiya (Talpada Koli) vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Vinod M. Gamara appearing on behalf of the appellants and learned APP Mr.Dabhi for the respondent-State.

This appeal is filed by the appellants, 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, 1973, for being released on regular bail in connection with F.I.R. registered as C.R. No.11192018220127 of 2022 on 20.05.2022 with Dhandhuka Police Station, District Ahmedabad (Rural), for the offences punishable under Sections 306, 504, 506(2) and 114 of the Indian Penal Code and Sections 3(1)(r), 3(1) (s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 174 of the Criminal Procedure Code.

Learned Advocate Mr. Vinod Gamara for the appellants would submit that the appellants are innocent persons, however they have been falsely implicated in the alleged offences. Learned Advocate Mr. Gamara would submit that there is no role played by the appellants in the alleged offence. Learned Advocate would further submit that considering the nature of offence, the appellants may be enlarged on regular bail by imposing suitable conditions.

Learned APP Mr.Dabhi appearing for the respondent State has opposed grant of regular bail looking to the nature and gravity of offence.

This Court, having considered the submissions made by learned Advocates for the parties and having considered the documents on record, has considered the following relevant aspects:-

(1) That more serious allegations have been levelled against the lady accused, who have been released on regular bail by the learned Sessions Court.

(2) That the deceased had written a suicide note and also recorded a video where names of the accused have been mentioned and whereas it appears that except naming the present appellants as being responsible, no other specific role has been attributed to the present appellants.

(3) That the appellants do not have any criminal antecedents.

This Court has taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

In the facts and circumstances of the case and considering the nature of the allegations made against in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the appellants on regular bail.

Hence, the present appeal is allowed. The appellants are ordered to be released on bail in connection with F.I.R. registered as C.R. No.11192018220127 of 2022 on 20.05.2022 with Dhandhuka Police Station, District 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] not enter in the limits of Dhandhuka Town for three months from the date of release;

[f] 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;

[g] shall also furnish the address of residence outside Dhandhuka Town, where they would be residing during the three months, 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;

[h] mark their presence once in a month for a period of three months at the nearest Police Station of their place of stay, when they would be staying out of Dhandhuka Town, the nearest police station to be decided by the learned Trial Court.

[i] once they enter Dhandhuka Town, they shall mark their presence once in a month for next three months at the concerned Police Station.

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 stage of trial, the trial court shall not be influenced by any observations of this Court which are of preliminary nature made at this stage, only for the purpose of considering the application of the appellants for being released on regular bail.

The appeal is allowed in the aforesaid terms. Direct service is permitted.