ALPESH GHANSHYAMBHAI KATHIRIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. B.M.Mangukiya, learned counsel appearing for the appellant, Mr. Mitesh Amin, learned Public Prosecutor assisted by Mrs. Krina Calla, learned APP for the respondent State and Mr. Jay Shah, learned counsel for the informant - respondent herein.

(2.) The appellant, by way of this appeal filed under Section 14(A) of the Prevention of Atrocities Amendment Act, 2015 seeks regular bail in connection with the FIR being C.R.No. 11214020210316 of 2021 of registered with Kamrej Police Station, Dist. Surat (Rural), for the offences punishable under Sections 143, 147, 148, 149, 323, 325, 394, 427, 504 and 506(2) of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

(3.) The brief facts of the prosecution case are that one Mr. Jaikishan Vasava has filed the impugned complaint against the appellant and other persons before Kamrej Police Station, Dist. Surat, for the offences under Sections 143, 147, 148, 149, 323, 325, 394, 427, 504 and 506(2) of Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Atrocities Act. It is alleged by the informant that, on the day of incident, voting of corporation election was going on and he being an advisor of Bhilisthan Tiger Sena was present at the polling booth of ward No.22, Surat and was busy with the election work, sitting in his vehicle - Maruti Van. It is alleged that, a mob of 150-200 persons leading by the present appellant, came at the place and at that time, his colleague Sagar Harshbhai started recording the video from his mobile phone and after seeing the video recording, the appellant and his supporters taken objection and abused him by calling his caste name. It is further alleged that, the unknown persons from the mob caused injuries to him and looted Rs.2,000/- from his pocket. Under such circumstances, the FIR came to be lodged for the above referred offences against the appellant and others and after completion of Investigation, chargesheet has been filed. The bail application filed by the appellant before the Sessions Court, which came to be rejected, observing that, there is breach of terms and conditions of the undertaking submitted before the High Court by the appellant.