NAGJIBHAI DAYABHAI VANIYA (AAHIR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal for regular bail (successive bail) in connection with FIR being C.R.- I No.127 of 2016 registered with the Una Police Station, District : Gir Somnath for the offences punishable under sections 307, 397, 395, 365, 355, 354, 342, 147, 148, 149, 324, 323, 504, 506(2), 120(B), 201, 166A, 167, 466, 177, 204, 294(b), 505(1) (b), 509, etc. of the Indian Penal Code ; Section 135 of the Gujarat Police Act; Sections 3(1)(e) ,(r),(s),(u), 3(2)(5a), 3(1) (d), 3(1)(za)(E), 3(1)(w)(i),(ii), 3(2)(vi), 3(2)(vii), 4 etc. of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ,1989; Section 66A & 66B of the Information Technology Act.

(2.) Heard Mr.B.M.Mangukiya, learned advocate for the appellant / accused, Mr.Mitesh Amin, learned Public Prosecutor for the respondent State Authority and Ms.Megha Jani, learned advocate for the complainant, at length, through Video Conference.

(3.) 1 Mr.Mangukiya, learned advocate for the appellant has submitted that the date of incident is 11.07.2016, the details of which are noted in the FIR, which is on record. It is pointed out that, initially 6 persons were named in the FIR and the present appellant is one of such accused. It is further submitted that, additionally, on 22.07.2016, further statement of the original complainant was recorded, on the basis of this, not less than 30 persons were arraigned as accused. It is submitted that, as many as 28 persons are granted regular bail, the orders qua some of whom are placed on record. It is further submitted that, according to him, the offence under Section 307 is not made out and for rest of the sections, including the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, the appellant has almost undergone the sentence which could be imposed upon him. It is further submitted that the appellant be granted regular bail.