SARIFKHAN 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. No. 11199034220161 of 2022 registered with Kavi Police Station, Bharuch for offences punishable under Ss. 307 , 326 , 504 , 506(2) , 143 , 147 , 148 , and 149 etc. of the Indian Penal Code , Sec. 135 of G.P. Act and also under Ss. 3(1)(r) , 3(1)(s) , 3(2)(va) , 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(2.) Heard Mr. B.C. Dave, learned Counsel for the appellants and Mr. Chintan Dave, learned APP for the respondent No.1- State of Gujarat. Though rule served through concerned police station to original complainant, the original complainant has not remained present before this Court.

(3.) Learned Advocate on behalf of the appellants has submitted that the appellants are alleged to have given stick blows on both the legs of the victim which is not a vital part of the body and therefore, the provisions of Sec. 307 would not be applicable against present appellants. He further submitted that in view of the fact that injured is now discharged from the hospital and injured, at present, is out of danger, therefore, the case of the applicants may be considered for regular 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.