ANILKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Laxmansinh M. Zala appearing on behalf of the appellant, learned APP Mr.Dabhi for the respondent State. Though served, none appears on behalf of the respondent No.2.

(2.) This appeal is filed by the appellant, under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure, 1973, for being released on regular bail in connection with F.I.R. registered as C.R. No. 11211015200424 of 2020 on 19/8/2022 with Dhrangadhra City Police Station, District Surendranagar, for the offences punishable under Ss. 302, 307, 323, 143, 147, 148, 149, 504 and 114 of the Indian Penal Code, under Ss. 135 of the Gujarat Police Act and under Ss. 3(1)(r) , 3(1)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

(3.) Learned Advocate Mr. Zala for the appellant would submit that there is no role played by the appellant in the alleged offence and he has been in jail since 2/3/2022. Learned Advocate Mr. Zala would rely upon an order passed by the learned Co-ordinate Bench of this Court dtd. 25/1/2021 in Criminal Appeal No. 1254 of 2020, whereby learned Co-ordinate Bench was considering the case of a co-accused and whereas it is the submission of learned Advocate Mr. Zala that the role attributed to the present appellant as well as the role attributed to the co-accused before this Court in earlier appeal being similar and whereas after prima facie appreciation of the evidence on record, the learned Co-ordinate Bench had been pleased to release the co-accused on regular bail and whereas having regard to the same, learned Advocate Mr. Zala would submit that benefit of parity may be granted to the present appellant and this Court may be pleased to release the appellant on regular bail.