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4.3 Learned advocate Mr. Yagnik further submitted that Shapar Veraval Police Station is near to the place where the migrant labourers had gathered for the purpose of registering themselves for returning to their respective home States through special trains. It was submitted that the authorities concerned were very much aware of the fact that around 150-200 labourers would turn up for the registration process. Hence, they ought to R/CR.MA/9000/2020 ORDER have made necessary arrangements for the modalities and for their journey from Shapar to Rajkot, which is approximately 42 kms. However, on account of lack of basic facilities, few of the migrant labourers got enraged, which led to the pelting of stones and the blocking of the highway and the police personnel had to call for assistance. It was submitted that the police personnel had sustained minor injuries, but no intention could be gathered of murdering any of the police personnel. It was further submitted that all the migrant labourers, who had gathered there with luggage had only insisted to make arrangements for their travel to their native States and as no necessary arrangements were in place, they got enraged, which led to the commotion. The allegation is of causing injuries with branches of trees and stones. Therefore, at the most, the offence would fall under section 323 IPC. It was contended that merely because the police sustained minor injuries, section 307 IPC cannot be made applicable in the matter so as to prolong incarceration of the accused in jail.

4.4 Learned advocate Mr. Yagnik referred to the order passed by the Government of Gujarat in the General Administration Department dated 29.04.2020 as also the order passed by the Supreme Court in Suo Motu Writ Petition (Civil) No.6 of 2020, to submit that it was the duty of the functionaries to provide for all possible help to the migrant labourers and to provide smooth and orderly movement of these labourers to their respective States.

5. Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the incident which took place at Ahmedabad was totally different to the one in question inasmuch as around four R/CR.MA/9000/2020 ORDER cars of private individuals had been vandalized. A media person was also injured on the head. The police party was threatened. The anger and anguish led to a situation where few of the migrant labourers instigated others to kill the police persons who were present at the place. It was further submitted that a video of the incident has been recorded. The photographs of the incident show that the labourers were armed with bricks and stones and thus, it was vehemently contended that no bail may be granted to the applicants. Learned Additional Public Prosecutor also placed reliance upon the affidavits of the police witnesses. It was, accordingly, urged that no discretion may be exercised in favour of the applicants.

6. Replying to the submissions raised by the learned Additional Public Prosecutor, it was submitted that none of the applicants herein could be figured out in those videos or photographs. It was submitted that there cannot be denial to the fact that few of the migrant labourers had spoken ill about Gujarat Police; however, the fact remains that there is no involvement of the applicants in any such instigation.

7. Heard learned advocates on both the sides and perused the documents on record. The incident in question took place on 17.05.2020, during which time, the nation-wide lock-down was under place. There was restriction on the movement of people in the State and the local police was asked to follow the Notification of the District Magistrate, Rajkot dated 03.05.2020. The entire area of Rajkot (Rural) was regulated under section 144 of Cr.P.C. and section 43 of the Gujarat Police Act. It is to be noted that the migrant labourers wanted to return to their native States and as per the facts on record, the workers of the industrial units at R/CR.MA/9000/2020 ORDER Shapar (Veraval Industrial Area) wanted to return to their respective States. Arrangements were made for the labourers to travel through special trains (Shramik trains). On 17.05.2020 the registration of the migrant labourers was under progress and therefore, the workers of Shapar (Veraval Industrial Area) had gathered at the Field Marshall School ground situated on the Rajkot Highway. In the impugned complaint, it has been averred that arrangements had been made for the migrant laboureres to reach Rajkot Railway Station. Over and above the labourers who had got themselves registered for travelling in the special trains, few other people had also gathered at the place for getting their names registered and it were these people who had created the ruckus. It was submitted that police personnel, named, Ashwinbhai Makwana and his driver - Renilbhai, had gone to the place with the police van. Both the police personnel had attempted to pacify the labourers. According to the impugned complaint, the accused persons had blocked the road with stones and as it was found that further enforcement was needed for controlling the situation, they informed their superiors, including the Superintendent of Police, Rajkot. The labourers gathered and there was great uproar. They insisted for making arrangements for their return to their native States. It is alleged that the uproar was for making arrangements for their return and they stated that they would not leave the place unless the arrangements were made. It is alleged that few people amongst the crowd began to misbehave with the police. The police tried to pacify them but all efforts went in vain. It is alleged that Narbad Dharmpal Valand, original accused no.25 and others had attempted to instigate the crowd and misbehaved with the police. The police asked them to go away from the place but original accused no.25 and others threatened to kill the police persons R/CR.MA/9000/2020 ORDER on duty and there was stone pelting and thrashing with branches of the trees. The stones were pelted with the intention to kill the police. The police officers and other staff sustained minor injuries. Even the vehicles of the general public were ransacked. The police attempted to disperse the crowd but during this event, some of the police personnel sustained minor injuries. A police official, named Vishwajit Chudasama, had sustained injury on the face near the ear with a stick. Police official - Ashwinbhai Makwana had sustained injury near the right eye, knee and on the right hand finger. It is also contended that one of the police official from LCB, named Noorsinh Jadeja, had sustained injuries in his right hand, on the right side of the body as also on the back. It is stated that a crowd had also tried to snatch away the camera belonging to a Journalist of a Gujarati news channel, who was shooting the events.

12. The Apex Court, in the above-referred judgment, has asked all States / UTs to consider withdrawal of complaints / prosecution under the Disaster Management Act and other related offences lodged against the migrant labourers, who are alleged to have violated measures of lock-down by moving on roads during the period of lock-down enforced under the Disaster Management Act, 2005. The police was required to handle the crowd tactfully. The roads were blocked by few of the labourers and some police personnel were injured in the incident. The allegation against original accused no.25 and others is of instigating the crowd. Taking into consideration the fact that there would not have been any intention on the part of the migrant labourers to even attempt to murder, the police personnel and considering the injuries sustained by the police personnel which were not life threatening, the discretion is R/CR.MA/9000/2020 ORDER exercised to enlarge them on bail.