Dineshbhai Salubhai Khant vs State Of Gujarat on 29 June, 2021

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Gujarat High Court

Dineshbhai Salubhai Khant vs State Of Gujarat on 29 June, 2021

Bench: A.S. Supehia

      R/CR.MA/10789/2021                              ORDER DATED: 29/06/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 10789 of 2021

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                           DINESHBHAI SALUBHAI KHANT
                                     Versus
                               STATE OF GUJARAT
================================================================
Appearance:
JIGNESHKUMAR P PANDAV(8297) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 29/06/2021
                                 ORAL ORDER

1. The present application has been filed seeking bail under the provisions of Section 438 of the Code of Criminal Procedure, 1973 in connection with an FIR being C.R. No.11188005210079 of 2021 registered with Isri Police Station for the offence punishable under Sections 307, 332, 143, 147, 149, 504, 506(2), 188, 269 and 270 of the Indian Penal Code, 1860 and under Section 3 of Epidemic Act and Section 135 of the Gujarat Police Act.

2. Learned advocate for the applicant has submitted that the applicant has been falsely implicated in the present offence. He has submitted that as per the information the applicant attended the marriage and went to the reception and gave gift and returned.

3. Learned APP Mr.H.K.Patel has submitted that the offence is very serious as it has occurred during COVID-19 pandemic and there were instructions from the State restricting the guests in the marriage functions and also to maintain COVID guidelines, however, the present applicant along with other co-accused have attended the marriage and were enjoying DJ function, which was organized in the marriage.

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R/CR.MA/10789/2021 ORDER DATED: 29/06/2021 3.1. Learned APP has further submitted that when the police officers went there to stop the function and they asked to maintain COVID guideline, they were attacked by mob of more than 100 persons and the present applicant was also present.

4. I have heard the learned advocates appearing for the respective parties.

5. The allegations in the FIR are serious in nature as the applicant has violated the COVID guidelines and also attended marriage function where there was more than 100 guests. The police officers on getting the information went to the venue and only asked the accused to shutdown the DJ, however, instead of following the guidelines, the mob of 100 persons attactked the police personnels with sticks delivering blow on heads and also assaulted them with kick and fist blows. The present applicant was one of the guest, who was part of the mob which attacked the police. Thus, such a reckless and irresponsible conduct during the COVID pandemic cannot be tolerated. The police personnels were discharging their official duties and instead the applicant and the other co-accused attacked on police officers.

6. In the considered opinion of this Court, the offence is serious in nature and looking to the COVID pandemic, the applicant was supposed not together in such functions/ceremony and over and above, he has was the part of the mob, which assaulted the police personnels. Hence, the application is rejected.

(A. S. SUPEHIA, J) ABHISHEK Page 2 of 2 Downloaded on : Sat Jan 15 09:16:12 IST 2022

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