SAMIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal filed 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 C.R. No. 11213022220548 of 2022 registered with Jepur City Police Station, Rajkot Rural for offences punishable under Ss. 143, 147, 148, 149, 323, 294(b), 506(2) etc. of the Indian Penal Code and Sec. 135 of the Gujarat Police Act and also under Sec. 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr.Vakhariya, learned counsel appearing for the appellants, Mr.Dave, learned Additional Public Prosecutor appearing for the respondent - State and Mr.Soni, learned counsel appearing for the respondent - original complainant no.2.

(3.) Learned advocate on behalf of the appellants has submitted that the appellants are innocent and have not committed any offence as alleged in the FIR. He has submitted that after delay of one day, the FIR came to be lodged. He has submitted that one Kanabhai came and rescue the complainant and during the incident, he sustained injury, however, as per the statement recorded on 8/7/2022 it appears that he has given different statement and contrary to the FIR. He has submitted that the appellants are in the jail since 19/6/2022 and the investigation is over and the charge-sheet is filed. He has submitted that the appellants were involved in similar type of offence where they were released on bail. He has submitted that this Court may release the present appellants on regular bail subject to any stringent conditions as may be imposed by this Court.