HARDIK BHARATBHAI PATEL Vs. STATE OF GUJARA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for enlarging the applicant on anticipatory bail in the event of his arrest in connection with the FIR being C.R.No.I ?164 of 2015 registered with Vastrapur Police Station for the offence punishable under Sections 143 , 147 , 332 and 427 of the Indian Penal Code.

(2.) The aforesaid FIR came to be filed inter alia on the ground that, at about 4:00 p.m. of 25.08.2015, applicant and some other leaders, approx 9 in number as named in the FIR, came to the GMDC ground and started agitation by fasting on the stage prepared for their convention. On their being tried to persuade, they got to believe that police will take actions against them. Therefore, the people on the stage started sloganeering, "we will rest only after getting reservation and nobody could stop us", thereby, increasing the belief of the mob. Hence, so as to see that law and order situation does not worsen and agitation does not escalate, more particularly, with a view to see that no one takes undue advantage of incident between two groups during rally in the noon at Nava Vadaj area, and that no incident of attack takes place and to control the law and order situation, actions under the provisions of section 68 of the Gujarat Police Act were being taken. Due to such actions, the people gathered at the ground had some misunderstanding that the police were arresting applicant and his companions and hence, they started confrontation with the police personnel present over there. With a view to curb further confrontation, police took some coercive steps and thereafter, the said mob, started leaving the ground by continuing confrontation with the police personnel on the outside road as well as damaging police vehicles. During such happenings, one SRP man got injured in a collision with a car by the car driver and some police personnel also sustained injuries. Moreover, damages also caused to certain vehicles. Thus, FIR came to be filed for the offence punishable under Sections 143 , 147 , 332 and 427 of IPC.

(3.) Heard learned Senior Advocate Mr. I. H. Syed assisted by learned advocate Mr. Rafik Lokhandwala for the applicant and learned Public Prosecutor Mr. Mitesh Amin for the respondent - State.