Vanrajbhai @ Vanabhai Dilubha Vala vs State Of Gujarat

S.H.Vora, J

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 appellant - original accused challenges the order dated 22.10.2020 passed by the learned Additional Sessions Judge, Amreli in Criminal Misc. Application No.491 of 2020 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- 143 of 2018 registered with Amreli Rural Police Station for the offence punishable under Sections 307, 325, 447, 325, 324, 323, 506(2), 365, 34 of the Indian Penal Code, under section 135 of G.P.Act and under sections 3(1)(RS), 3(2)(5), 3(2)(5)(A) of the Atrocities Act.

The case of the prosecution is as under :-

2.1 The complainant lodged complaint on 17.12.2018, alleging that on 16.12.2018 at about 9.00 pm, when complainant, Dipakbhai and Kalubhai were going to Hakabhai's Farm, and when they reached near powerhouse, one four wheeler car came from Halariya and person from car said to complainant to drive rickshaw away. Kaushikbhai Kiritbhai Rank came out from car and used abusive language. The complainant told not to use abusive language. Thereafter, all left the place. At about 9.30 pm, the complainant reached his house. After reaching home, the complainant called Kaushikbhai and asked why he abused him. Kaushikbhai replied and again used abusive language about caste of the complainant. The complainant said not to use abusive language and Kaushikbhai disconnected the call. Thereafter, Kaushikbhai called complainant for compromise and told him to come out of his house. Kaushikbhai came in four wheeler and took complainant in car and drove car towards Meda Village, there were other 3 persons also in car. After reaching Meda village, the complainant was taken out of car and abused. Thereafter, Kaushikbhai and one of his colleague took iron pipe from car and Kaushikbhai gave one blow of iron pipe to complainant's head and his colleague gave blow of iron pipe to compartment's both legs and two other persons beat the complainant. When Kaushikbhai gave 2-3 blow of iron pipe, complainant said not to beat him, at that time all the persons said to complainant not to file any complaint against them and if he would do so, then he would be killed. After saying so, they took complainant in car and left him to Babapur Patiya and they went towards Amreli. Thereafter, the complainant informed his parents about the incident and also 108 and thereafter, the complainant was taken to Amreli Civil Hospital. Therefore, FIR was lodged against present applicant and other 3 accused persons.

Heard learned advocates for the respective parties. It appears that the appellant came to be arrested on 01.10.2020 and as stated at bar warrant under section 70 is issued against the appellant and further the appellant is involved in various offence, more particularly, referred by learned Trial Judge in para 7.1. On such grounds, learned APP has objected appeal and release of appellant on bail, pending trial. It may be true that the appellant is involved in other offences and he came to be arrested pursuant to warrant issued under section 70. In normal circumstances, bail application filed by absconding accused cannot be considered, but in the case on hand, there is no iota of evidence on record to remotely suggest that appellant is involved under section 307 of IPC, more particularly, no any T.I. parade before injured is held / arranged by the Investigating Officer qua the present appellant. Therefore, it is not legal and proper to deny bail to the appellant on account of pendency of other offences registered against the appellant. The present appeal therefore, deserves consideration.

In the result, the present appeal is allowed. The Impugned order dated 22.10.2020 passed by the learned Additional Sessions Judge, Amreli in Criminal Misc. Application No.491 of 2020 is hereby quashed and set aside. The appellant is ordered to be released on bail in connection with FIR registered as C.R.No.I-143 of 2018 with Amreli Rural Police Station on executing bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of like amount to the satisfaction of the Trial Court and subject to the conditions that the appellant 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 appellant only if he is 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 appellant on bail.

The appeal succeeds. Direct service is permitted.