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Gujarat High Court

Balvantbhai @ Balabhai Devabhai Dalit ... vs State Of Gujarat on 3 May, 2021

Equivalent citations: AIRONLINE 2021 GUJ 745

Author: A. S. Supehia

Bench: A.S. Supehia

        R/CR.MA/4818/2021                                          ORDER



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CRIMINAL MISC.APPLICATION NO. 4818 of 2021
=========================================
     BALVANTBHAI @ BALABHAI DEVABHAI DALIT (HARIJAN)
                           Versus
                     STATE OF GUJARAT
=============================================
Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR JK SHAH, APP(2) for the Respondent(s) No. 1
=============================================
 CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA
                    Date : 03/05/2021
                       ORAL ORDER

1. Heard the learned advocates for the respective parties through video conferencing.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with an F.I.R. being C.R. No.I­99 of 2018 registered with Dhanera Police Station, Dist.Banaskantha for the offences punishable under Sections 326, 324, 323, 506(2), 504, 114 of the Indian Penal Code, 1860.

3. The case of the prosecution in brief is that, on 10.12.2018, the original accused persons had fight and scuffled with the original informant and the witnesses by saying that why they are walking through the way which is owned by them, pursuant to which one of the witnesses viz. Narpatsinh Bhikhaji Rajput had registered the complaint against them and, therefore, keeping grudge of the same, when the original informant and the witnesses were going to Dhanera Government Hospital for taking treatment, at that time, on the way near Dudh Dairy Page 1 of 6 Downloaded on : Tue May 04 20:17:49 IST 2021 R/CR.MA/4818/2021 ORDER near Nainava Crossroads, the original accused persons came along with dangerous weapons, and allegedly, abused the original informant and the witnesses with filthy language and beat them badly, and thereafter, left by giving threat against their life, and thus, the original accused persons, in connivance with each other, have committed the alleged offence.

4. Learned advocate appearing for the applicant submitted that the allegations against the present applicant is that the applicant has given a blow to the witness viz. Kantibhai with axe, thus, the ingredients of the offence under Section 326 of the IPC are clearly missing against the applicant. It is submitted that the said victim in the history before the doctor has mentioned pipe and wooden bat and not the axe and, therefore, the case of the prosecution is not believable and is concocted. He has further submitted that the applicant has not committed the alleged offence, neither the applicant has beaten or given any blow to the informant and the witness nor the applicant has done any act or overact in furtherance to the commission of the alleged offence and, therefore, it cannot be said that the applicant has committed the alleged offence. He has submitted that the other co­accused have been released on bail applications being Criminal Misc. Application No.95 of 2019, 198 of 2019 and 57 of 2020. He has further Page 2 of 6 Downloaded on : Tue May 04 20:17:49 IST 2021 R/CR.MA/4818/2021 ORDER submitted that the co­accused namely, Ashokbhai Manjibhai Solanki - accused no.1 has been released on bail by this Court vide order dated 28.03.2019 passed in Criminal Application No.4097 of 2019, while the other co­accused namely, Dipak Vaghela and Aakash Chaudhary have been released on bail by the Sessions Court. Lastly, it is urged by the learned advocate for the applicant that the applicant may be released on bail.

5. Mr.J.K.Shah, Learned Additional Public Prosecutor appearing on behalf of the respondent­ State has opposed grant of regular bail considering the nature and gravity of the offence and submitted that there are in all 38 antecedents of the present the applicant and therefore, the applicant may not be released on bail.

In response to the aforesaid submission of the learned APP, the learned advocate Mr.Majmudar for the applicant has submitted that the applicant is acquitted in 34 offences out of the said 38 offences.

6. Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.

R/CR.MA/4818/2021 ORDER This Court has considered following aspects;

(i) The role attributed to the accused;

(ii) The investigation is over and the charge­ sheet is filed;

(iii) The victim in the history before the doctor has mentioned pipe and wooden bat and not axe,

(iv) The co­accused have been released on bail by this court as well as by the Sessions Court.

(vii) The applicant is in judicial custody since 15.10.2020.

7. This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40;

8. In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an F.I.R. being C.R. No.I­99 of 2018 registered with Dhanera Police Station, Dist.Banaskantha, on executing a personal bond of Rs.10,000/­ (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

R/CR.MA/4818/2021 ORDER

(c) surrender his passport, if any, to the lower court within a week;

(d) not leave the State of Gujarat without prior permission of the concerned Trial Court;

(e) not enter Banaskantha District for a period of eight months;

(f) mark presence before the concerned Police Station on alternate every Monday for initial six months and thereafter, on alternate Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m.;

(g) furnish latest address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Trial Court;

9. The Authorities will release the applicant 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 concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case.

10. 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, learned Trial Court shall not be influenced by the Page 5 of 6 Downloaded on : Tue May 04 20:17:49 IST 2021 R/CR.MA/4818/2021 ORDER observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule is made absolute accordingly.

11. Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.

12. Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court through Fax message, email and/or any other suitable electronic mode.

Sd/-

(A. S. SUPEHIA, J) dolly Page 6 of 6 Downloaded on : Tue May 04 20:17:49 IST 2021