Popatbhai Hirabhai Bharwad vs State Of Gujarat

Nikhil S. Kariel, J

Heard learned Advocate Mr. Kumar H. Trivedi on behalf of the appellants, learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent no.1- State and learned Advocate Mr. Divyang Ramani on behalf of the respondent no.2.

Learned Advocate Mr. Ramani on behalf of respondent no. 2 submitted affidavit-in-reply on behalf of respondent no.2 which is taken on record.

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 for regular bail in connection with F.I.R bearing CR.No. I-11209049220425 of 2022 registered with Talod Police Station, Banskantha for offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, Sections 3(1)(r), 3(1)(s) and Section 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned Advocate would submit that considering the fact that the present appellants are in custody since 10.07.2022 in connection with the present offence this Court may release the present appellants on regular bail.

Learned APP Mr. Dabhi on behalf of the respondent no.1- State and learned Advocate Mr. Divyang Ramani on behalf of the respondent no.2 have opposed grant of regular bail looking to the nature and gravity of the offence, this Court may not consider this appeal at this stage.

Considering the submissions made by learned Advocates for the parties, without entering into the detailed analysis of the evidence, this Court has taken into consideration the following aspects:

[1] That the incident in question had happened on account of a very trivial incident i.e. on account of the the first informant trying to remove a bluebull which had entered into an agricultural filed where he was working and wheres the bluebull going towards the agricultural field of the present appellants.

[2] It appears that the incident in question happened on spurt of moment and whereas it prima facie does not appear to be pre-planned.

[3] The alleged injuries caused to the victim were in the nature of inflicting slaps on the victim and giving blows on the victim using a steel Kada worn by the appellants.

[4] Furthermore, this Court has also considered the fact that the present appellants are in custody since 10.07.2022 and there being no antecedent against the present appellants.

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 appeal is allowed and the appellant is ordered to be released on bail in connection with FIR being CR.No. I- 11209049220425 of 2022 registered with Talod Police Station, Banskantha 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 twice in a month for a period of next three months at the nearest 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 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.