JAYSUKHBHAI HADABHAI VAGHOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 seeking regular bail in connection with First Information Report being No.11198020200343 of 2020 registered with Ghogha Police Station, District Bhavnagar for the offence under Sections 147 , 148 , 149 , 325 , 324 , 323 , 504 , 506(2) , 341 of the Indian Penal Code and Sections 3(1)(c) , 3(1)(r) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) Heard Mr. Harshit S. Tolia, learned advocate for the appellant and Ms. Nisha Thakor, learned Additional Public Prosecutor for the respondent - State and Mr. Hitesh S. Padhya, learned advocate for the respondent No.2 through video conference.

(3.) Mr. Harshit S. Tolia, learned advocate appearing for the appellant submits that considering the nature of the offence, the appellant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the injured is discharged from the hospital. It is next submitted that the First Information Report is nothing, but a counterblast to pressurise the complainant of the First Information Report registered on 8.5.2020 against the respondent No.2. It is also submitted that the appellant was not armed with any weapon and as is discernible from the First Information Report, the appellant has not inflicted any injury to the complainant or any other person. It is also submitted that the appellant is the father of one of the co-accused - Chetan @ Suriya and was Sarpanch of the village at the relevant point of time and has been dragged into the crime in question by the complainant for some oblique and ulterior motive. As is discernible from the First Information Report, the appellant was standing at a distant place and thus, it is not believable that there was utterances by the appellant against the complainant using abusive words.