DILIPBHAI ABBASBHAI BHALAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being CR. No.- 11197006200236 of 2020 registered with Bhadarwa Police Station, District - Vadodara (Rural) for the offences punishable under Sections 308 , 332 , 337 , 353 , 143 , 147 , 149 , 153 , 427 , 504 , 506(2) and 114 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act and Section 135 of the Gujarat Police Act.

(2.) Heard learned Senior Advocate Mr. Asim Pandya with learned advocate Mr. Manan Bhatt for the Applicant and learned APP Mr. H. K. Patel for the Respondent State through Video Conference.

(3.) It is stated in the FIR that the complainant is working as an Assistant Engineer in the GUVNL. It is further alleged that as per the instructions from the Higher Authority, 10 teams were started meter checking for electricity theft on 12.03.2020. The teams were accompanied by the local Police. It is alleged when one of the team consisting Mr. S. J. Makwana were checking in Panchal Sheri, Tundav, Village, the applicant along with his son Viz. Dipakbhai (Ori. Accused No. 2) told Mr. Makswana that if you want to take out wire you can take it out as per the las, but you are not allowed to take the meter as per the provisions of law. It is further alleged that thereafter, Mr. Makwana went to the complainant and appraised him about the altercation. Thereafter, while the teams were about to leave Tundav Village, the village men were gathered and upon instigation of accused Nos. 1 and 2, the crowd started stone pelting on the raiding party. Due to the same, one police person was injured and glass of some vehicle were broken, with these allegations the impugned FIR was lodged against 21 accused.