(1.) Heard learned Advocate Mr. Kishan Chakwawala on behalf of the appellant and learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondent no.1-State. Though served, none appears on behalf of respondent no.2
(2.) This appeal is appeal 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 for regular bail in connection with F.I.R bearing FIR No. 11192030200010 of 2020 registered with Kanbha Police Station, Ahmedabad Rural on 14/1/2020 for the offences punishable under Ss. 302 and 323 of the Indian Penal Code and Sec. 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act .
(3.) Learned Advocate Mr. Chakwawala on behalf of the appellant would take this Court through the FIR and other charge-sheet papers in detail and would submit that the occurrence of the incident as coming out from the statement of persons who had witnessed the incident, i.e. both from the side of the present appellant as well as from the side of the first informant, appears to be that the present appellant and his friend were going on a bike, the appellant being the pillion rider and whereas while passing through the place where the incident had occurred, the deceased who was present at the place along with two of his friends, had called the appellant by his nickname asking him to stop his bike. It appears that the friend of the appellant who had stopped the bike, and whereas the appellant had got down and had asked the deceased as to why he had shouted and whereupon some altercation appears to have ensued. It also appears that during such altercation, the appellant, is alleged to have inflicted blows upon the deceased and whereas the deceased had also fallen down in a ditch nearby the road. It appears that the deceased, after the appellant had left the place of the incident, had been helped by his companions who were present at the spot and whereas at that time, it appears that the deceased was conscious though disoriented.