NEHA DWARKESH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition has been preferred by the petitioner - original accused No.7 under section 438 of the Code of Criminal Procedure in connection with the F.I.R. bearing C. R. No. 11214008202061 of 2020 registered at Bardoli Police Station, District: Surat Rural, for the offence punishable U/Ss.364-A, 323, 342, 504, 506(2), 427 and 114 of Indian Penal Code ("Code" for short) dated 27.08.2020 lodged by the complainant - Mahavirbhai Harakhchand Jain.

(2.) As per the FIR, the complainant is giving honorary services in Animal Welfare Board of India of Navsari District as Animal Welfare Officer since 12 years and his duty is to protect cows and buffaloes from cruelty and to stab them from taking to slaughter house. He also works as Member in All India Animal Welfare Board of India of Navsari District. The complainant has also stated in the complaint that on 26.08.2020 at about 10.00 a.m., he was present in his shop and at that time, he received a phone call from one Rajeshkumar Hastimal Shah, resident of Vapi working as Officer of All India Animal Welfare Board of India of Gujarat State and he was informed that they have to go before the police authority of Tapi in respect of transportation of cows and buffaloes and he was called near Chikhli Bridge. The complainant reached there and Rajeshbhai and other 3 members of the institute namely, Vishal Ahir @ Vallabhbhai Ramjibhai, Bhadresh Nagindas Modi and Shivam Pande were present and they all proceeded towards Vyara in Scorpio Car of Rajeshbhai. One Tempo No.GJ-21-W-9570 was passing from Palsana to Vyara, in which the buffaloes were being transported in a cruel manner and Tapi District Control was informed and the said vehicle was detained by police and thereafter they all reached to Vyara and visited DSP of Tapi District and on the basis of the information received by them the police seized total 6 vehicles. The complainant used to move to stop such kind of activity and he was present near petrol pump at village Jesingpura on 27.08.2020 at about 3.00 a.m. and upon receiving the information, one pick up car No.GJ-19-U-3950 was passing in a full speed from Gadh to Vyara and the complainant chased the said vehicle and when he tried to stop the vehicle, driver of the pick up car dashed the vehicle with the car of the complainant for which, one Rajeshbhai Shah has given complaint at Vyara Police Station.

(3.) The petitioner preferred an application for anticipatory bail being Criminal Misc. Application No.345 of 2020, which was rejected on 14.09.2020 by the learned Second Additional Sessions Judge, Bardoli at Surat. Hence, the petitioner has preferred the present application for anticipatory bail.