DILIPBHAI ABBASBHAI BHALAVAT Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) Applicants No.3 and 4 are before this Court seeking anticipatory bail in connection with CR.No.I-236 of 2020 registered with Bhadarva police station, District: Vadodara for the offences punishable under sections 308 , 332 , 337 , 353 , 143 , 147 , 149 , 153 , 427 , 504 , 506(2) , 120B and 114 of the Indian Penal Code, section 3 of the Prevention of Damage to the Public Property Act and section 135 of the Gujarat Police Act.

(2.) The complainant is an Assistant Engineer in the GEB. As directed by the higher authorities, 10 teams were formulated along with the police personnel for electrical meter checking at village: Tundav, which was required to be carried out by Madhya Gujarat Vij Company Limited (MGVCL). The complaint reveals that at the time when the team was checking the meter of Dillipbhai Abbasbhai Bhalavat and Dipak Dillipbhai Bhalavat (original applicants No.1 and 2), finding commission of illegal way of theft of electricity, they communicated to the officer that if they need to take away the wire, they may so do it, but they cannot remove the electrical meter since, those applicants claimed awareness of law and also threatened that no good results will be found and they may have to face the consequences.

(3.) It is averred by the complainant that they had shouted and gathered at that stage the crowd. It was a time when the officers were about to leave and they were filling up checking sheets. Those two applicants instigated others to come out of their houses. They also had challenged the officers that they should go and check the theft committed by the companies and should not be visiting individual homes. It is alleged that the crowd started pelting stones on the complainant and the entire team. The police personnel from the out-post, who had accompanied the teams had attempted to pacify the crowd and explained that the team had come only for checking the electrical meters and they would have recourse of law. However, no heed was paid to his explanation and the request. They continued to pelt stones on the team members, Government vehicles and police personnel and the officers of GEB including the complainant and they were all specifically aimed by the crowd. It is alleged that the attempt was made to inflict serious injuries, which eventually caused injury to the police personnel, who had accompanied the team. It also caused serious damage to various government vehicles which has been quantified approximately to Rs.60,000/-.