VIJAYBHAI RAMNARAYAN DUBEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellant - original accused challenges the order dated 01.09.2020 passed by the learned Additional Sessions Judge, Surat in Criminal Misc. Application No.4030 of 2020 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant - original accused in connection with the F.I.R. being C.R.No.11210025201958 of 2020 registered with Limbayat police station, Surat for the offence punishable under Sections 302, 324, 323, 294(b), 452, 143, 144, 147, 148 and 149 of Indian Penal Code, under section 135(1) of the Gujarat Police Act and under section 3(2)(5) and 3(2) (5-a) of the Atrocities Act.

(2.) The case of the prosecution is as under :-

(3.) Heard learned advocate Mr. Rajendra Jadhav for the appellant, learned APP for respondent State and learned advocate Ms. Zainab Bharmal for respondent no.2 and examined charge sheet papers. Looking to the charge sheet papers and more particularly, CCTV footage collected by concerned Investigating Agency, it appears that present appellant was present at the scene of offence armed with stick, but there is no iota of evidence as to taking any part in the process of beating deceased Milind and also statement of eye witnesses do not implicate the present appellant in the offence. Therefore, it is not legal and proper to deny bail to the present appellant on such weak case. The present appeal therefore, deserves consideration by imposing suitable condition.