KARAN SAMATBHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Vide order dtd. 18/6/2021, this Court has admitted the present Appeal. Endorsement on the cause-list shows that notice is served to respondent No.2 - original first informant. However, there is no appearance filed on his behalf.

(2.) Mr. Darshan Varandani, learned advocate for the appellant submitted that all the accused except the present one have been granted either regular bail or an order of anticipatory bail in connection with the FIR being C.R.No.11993006201925 of 2020 registered at "A" Division Gandhidham Police Station, Dist.- Kutchchh, for the offence punishable under Ss. 306 and 114 of the Indian penal Code and under Ss. 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'the Atrocities Act') as also under Ss. 5, 40 and 42(a) of the Gujarat Money-Lenders Act, 2011. He has submitted that considering the FIR as also the papers of charge sheet, it cannot be concluded that the appellant or any of the accused has committed any offence under 'the Atrocities Act'. He has further submitted that considering the whole papers of investigation, the coordinate Bench of this Court has granted anticipatory bail to the two of the accused namely Kattullakumar Venkna in Criminal Appeal No.1067 of 2020 vide order dtd. 12/1/2021. Over and above that co-accused - Kiran Himatlal Gadhavi is also granted anticipatory bail vide order dtd. 14/6/2021 passed in Criminal Appeal No.486 of 2021.

(3.) He has submitted that the allegations levelled against all the accused are similar in nature and role of the present appellant is also cannot be distinguished from two of the accused who have been granted anticipatory bail by the coordinate Bench of this Court. He has further submitted that while admitting the appeal, this Court considering the role of the present appellant, passed an order not to take any coercive steps against the appellant. The said relief is continued till today. Therefore, Mr. Darshan Varandani, learned advocate for the appellant has submitted that the he be granted an order in the nature of anticipatory bail.