UMEDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Apurva Kapadia appearing on behalf of the appellants, learned APP Mr. Ronak Raval on behalf of the respondent no.1-State and learned Advocate Ms. Gayatriba Jadeja on behalf of respondent no.2- first informant.

(2.) This appeal is filed by the appellants, 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 9/8/2020 with Dhrangadhra City Police Station, District Surendranagar, for the offences punishable under Ss. 302 , 307 , 323 , 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. Kapadia for the appellants would submit that there is no role played by the appellants in the alleged offence and they have been in jail since 4/12/2021. Learned Advocate Mr. Kapadia 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. Kapadia that the role attributed to the present appellants 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. Kapadia would submit that benefit of parity may be granted to the present appellants and this Court may be pleased to release the appellants on regular bail.