VASANTBHAI CHAKUBHAI AJMERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed for cancellation of bail granted to the respondent Nos.2 to 6-accused vide order dtd. 22/5/2015 passed by 2nd Additional Sessions Judge at Gondal, Rajkot in Criminal Misc. Application No.67 of 2015.

(2.) Learned advocate Mr.Patel for the applicants has submitted that the bail granted to the respondent Nos.2 to 6 is required to be cancelled and the impugned order is required to be quashed and set aside since they are the historysheeters and various offences are registered against them and they all are the gang members. He has referred to the details given in the application, wherein it is mentioned that against respondent No.2-Bali @ Baldev Virbhanu Dangar, there are 16 offences registered, so far as the respondent No.3-Mayur @ Maylo Babulal Parmar is concerned, there are 4 offences registered against him, against respondent No.4-Ramdev Laxmanbhai Dangar, there are 11 offences registered and against respondent No.6-Arjun Rambhai Jalu, there are 4 offences registered at various Police Stations. He has submitted that one accused-Jaypalsinh Mahipatsinh Jadeja is the main head of the entire gang. It is further submitted that there are more than 35 victims, whose statements were recorded by the Investigating Officer and merely because one Himanshubhai Suryashankar Jani has compromised with them, the trial Court has granted bail. He has submitted that all the accused are headstrong persons. Thus, he has submitted that the bail granted to the respondents-accused may be cancelled.

(3.) Learned APP has tendered a report dtd. 2/5/2022 of the the In-charge Police Sub- Inspector, Mr.H.R.Jadeja, Lodhika Police Station, Rajkot. The same is ordered to be taken on record. He has submitted that the report reveals that the respondents are embroiled in the various offences and they are members of the gang. He has submitted that after the respondents were released on bail, various offences were registered against them, except respondent No.5 i.e. Anil @ Hani Arunbhai Memaniya. He has submitted that against the respondent No.2-Bali @ Baldev Virbhanu Dangar, there are offences registered under the Arms Act in 2019 before DCB Police Station, Rajkot City and against respondent No.3-Mayur @ Maylo Babulal Parmar, there are 4 offences registered under the provision of Ss. 323 , 504 , 506(2) , 450 , 436 , 143 , 147 , 148 , 149 and 324 of the IPC and under Sec. 135 of the Gujarat Police Act. So far as respondent No.4-Ramdev Laxmanbhai Dangar is concerned, he has submitted that there are 4 offences registered against him for various offences under the IPC as well as the Motor Vehicles Act and the Arms Act . He has submitted that so far as respondent No.6-Arjun Rambhai Jalu is concerned, the offences under the Arms Act have been registered against him in the year 2019. He has further submitted that thus, the respondents-accused have misused the liberty and have again engaged themselves in the various offences, after they are released on bail. He has further submitted that Criminal Case No.581 of 2017 is pending for framing of charge.