YUVRAJ 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 09/12/2020 passed by the learned 10th Additional District & Sessions Judge, Surat in Criminal Misc. Application No.6000 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.11210056201868 of 2020 registered with Dindoli Police Station, Dist: Surat for the offence punishable under Sections 302, 120-B, 201 and 114 of the Indian Penal Code and under sections 3(2)(5) and 3(2)(5-a) of the Atrocities Act and under Section 135(1) of the Gujarat Police Act.

(2.) The case in nutshell as per FIR is that complainant is the brother of the deceased and on 08/08/2020 the complainant was at home and the deceased had left work at around 9:00 a.m. and had returned at around 8:00 p.m. and had freshened up and left again on his splendor motor cycle at around 8:30 p.m. and the complainant was having dinner at that time and thereafter at around 9:30 p.m., the complainant received a call from a friend viz., Mr.Vipul Patel who informed that the deceased has been beaten with knife by three persons near Sainagar Mahadev Kirana Store and told the complainant to go there immediately and therefore the complainant ran towards the spot and when he reached there at the spot he saw his friends viz., Mr.Vipul and Mr.Pravin who were trying to make the deceased sit on the motor cycle and when he reached nearer to them the deceased was covered in blood and was not speaking anything and therefore they took the deceased to Baba Memorial Hospital and Doctor told the complainant to take the deceased to medical college and in the meanwhile 108 Ambulance arrived and thereby the deceased was taken to Smimer Hospital and at that time Doctor on Duty had deceased the deceased dead and deceased got injuries on all over body and in the meanwhile relatives of the deceased came to the hospital and in the phone of someone the complainant saw the CCTV footage of the incident where deceased was randomly beaten by three persons with knife amongst whom one person was Mr.Ganesh Chitte (co-accused) who lives in their society only and the deceased was in relationship with his sister viz., Ms. Pooja and therefore due to grudge the incident in question had occurred. Thus, the FIR came to be filed.

(3.) Heard learned Advocates appearing for the respective parties. It appears that there is no direct material / evidence collected by the Investigating Agency to connect the appellant with the offence in question including the CCTV footage. Learned Advocate appearing for the respondent No.2 placed reliance upon the recovery of blood stained clothes allegedly wore by the appellant at the time of incident in question. Except this, no other evidence / material has been pointed out by the learned Advocate for respondent No.2. Furthermore, no antecedent has been registered against the appellant and therefore present appeal deserves consideration.