Gujarat High Court
Raju @ Raju Gendi Rupchand Krishnani vs State Of Gujarat on 29 July, 2022
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/4710/2022 ORDER DATED: 29/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 4710 of 2022
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RAJU @ RAJU GENDI RUPCHAND KRISHNANI
Versus
STATE OF GUJARAT
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Appearance:
MR RC JANI FOR MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
MR. KARAN U VYAS(6992) for the Respondent(s) No. 1
MS CM SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 29/07/2022
ORAL ORDER
1. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.11191046200116 of 2020 with Airport Police Station, Ahmedabad for the offences punishable under Sections 307, 364, 397, 427, 452, 120(B), 506(2), 294(b) and 114 of IPC and under section 135(1) of GP Act.
2. Facts of the case is as under :-
2.1 That incident has taken place on 16.02.2020 at about 18.30 hours, the complainant was present at the office of Kamal. At that time, about 15 people came to his office with baseball sticks and wooden sticks and damaged the said office and looted CCTV, LED, T.V., A.C. etc. and mobile and cash from the complainant. It is further submitted that thereafter, accused applicant assaulted the complainant / victim and he was taken into one auto rickshaw and was dropped near the gate of Shanti Prakash Hospital. It is further submitted that the Page 1 of 3 Downloaded on : Mon Aug 01 21:00:37 IST 2022 R/CR.MA/4710/2022 ORDER DATED: 29/07/2022 complainant / victim had taken primary treatment in the hospital and thereby the applicant had committed the offence under the aforesaid sections. Therefore, FIR came to be registered against the applicant accused.
3. Learned advocate Mr.R.C.Jani for learned advocate Mr. B.S.Raiyani for the applicant submits that the applicant is arrested on 02.06.2021, 2 accused viz. Amit and Mukesh who allegedly caught hold of injured, against them 'A' summary report is filed, no sword is recovered, but knife is recovered and there was no intention to commit offence. The applicant was in search of one Kamal at whose instance various complaints are filed against the applicant. It is further submitted that the applicant is acquitted in 29 offences registered under Prohibition Act. It is therefore, submitted that pending trial, the applicant may be enlarged on bail.
4. Per contra, learned APP would submit that as per medical report, injured suffered sword blow on head and suffered injury over frontal region of about 17 cm in length and also on left elbow. Learned APP would submit that the applicant is accused in 3 offences under sections 307, 397 and 507 of IPC and is involved in other 62 offences under Prohibition Act. Learned APP would submit that the applicant came to be arrested only after 16 months, pursuant to warrant issued under section 70 of Cr.P.C. and lastly, for no reasons, the complainant suffered injuries at the applicant's hand.
5. Having regard to submissions made at bar, it appears that the applicant remained absconding for about 16 months after the incident dated 16.02.2020. It appears that injured is Page 2 of 3 Downloaded on : Mon Aug 01 21:00:37 IST 2022 R/CR.MA/4710/2022 ORDER DATED: 29/07/2022 inflicted sword blow on his head without any reason because as per FIR, the applicant and other persons came at his place to find one Kamal with whom the applicant had previous enmity. The applicant is involved in other 3 offences under IPC including one under section 307 and 62 offences punishable under Prohibition Act. No-doubt the applicant is acquitted in 29 offences under Prohibition Act and he is on bail in other 3 offences under IPC. But having regard to past antecedent of the applicant, it is not legal and proper to release the applicant on bail pending trial. However, liberty is reserved in favour of the applicant to file fresh bail application before the learned Sessions Judge concerned after deposition of injured - complainant is recorded.
6. In view of above, present application is rejected at this stage.
(S.H.VORA, J) SATISH Page 3 of 3 Downloaded on : Mon Aug 01 21:00:37 IST 2022