KASIMBHAI IBRAHIMBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the appellant - accused under section 439 of the Criminal Procedure Code, 1973 (Code) r/w. section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (Atrocities Act) for enlarging the appellant on Regular Bail in connection with I-C.R. No. 26 of 2019, registered with Rajpardi Police Station, District: Bharuch for the offences punishable under sections 307 , 324 , 504 and 114 of the Indian Penal Code, 1860 ( IPC ) and sections 3(1)(R)(S) , 3(2)(5) , 3(2) (5-A) of the Atrocities Act and section 135 of G. P. Act.

(2.) Heard learned advocate Mr. P. A. Pathan for the appellant, learned advocate Mr. M. Q. Vora for the respondent No. 2 - original complainant and learned APP Ms. Maithili Mehta for the respondent - State through Video Conference.

(3.) Learned advocate for the appellant - accused has submitted that the appellant - accused is an innocent person and falsely implicated in the offence in question. It is submitted that injured is already discharged from the hospital. Further, the appellant has family roots in the society and therefore, the appellant is not likely to flee away from justice. That the investigation is over and charge-sheet is filed and hence, there is no possibility of tampering and hampering with the evidence. Further, the appellant has no antecedents. That the appellant will abide by whatever conditions imposed by the Court. The learned advocate for the appellant has further vehemently submitted that there is no direct involvement of the appellant - accused in the present case so far as allegation is concerned. It is, therefore, prayed that discretion may kindly be exercised and grant bail to the appellant - accused.