DILIPBHAI ABBASBHAI BHALAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application for anticipatory bail preferred under section 438 of the Code of Criminal Procedure. The accused are arraigned as accused in connection with CR.No.I-236 of 2020 registered with Bhadharva police station, Vadodara for the offences punishable under sections 308 , 332 , 337 , 353 , 143 , 147 , 147 , 149 , 153 , 437 , 504 , 506(2) , 120B and 214 of the Indian Penal Code, section 3 of the Prevention of Damage to Public Property Act, 1984 and section 135 of the Gujarat Police Act.

(2.) The First Information Report came to be lodged on 12.03.2020. It is alleged in the First Information Report that the Gujarat Electricity Company (MGVCL) at Sub-Division Chani, complainant Mr. Dani and others had gathered, as they were directed to formulate 10 teams for the purpose of inquiring into the theft of electricity at village: Tundav.

(3.) The police constable Dharmesh Thakore had sustained injuries on account of this assault by petitioners No.1 and 2 and others. Before this Court in this application for anticipatory bail, it is urged that applicant No.1 had, in the past, contested the election of village panchayat and, therefore, he has been falsely roped in along with his son, who is petitioner No.2. It is also the say of the petitioners that other persons have been granted regular bail and the Court has directed to make good the loss of Rs.60,000/- by directing those persons to pay the amount. Maximum punishment under section 308 is 07 years. Otherwise, the punishment prescribed is of 03 years and, therefore, the Court may grant anticipatory bail to all the four persons.