VIJAYBHAI PUNABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure, applicant- original complainant has assailed the order dtd. 16/6/2017 passed in Criminal Misc. Application No.441 of 2017 below Exh. 16 by virtue of which, regular bail has been extended to respondent Nos.3 to 14 herein, who are original accused in the complaint.

(2.) Case of the complainant is that complainant is a resident of village Khorasha (Gir), Taluka Malia-Hatina, District Junagadh and belonged to Scheduled Caste community and respondent Nos.3 to 14 belonged to Aahir community and economically and socially strong in the society. Some of the respondents have criminal antecedents as well and tried to grab the land of the Government, adjacent to the applicant's land, hence unfortunate incident took place, as a result of this, criminal complaint came to be filed before DSP on 1/6/2017, which was later on sent to IGP, Junagadh and other respective authorities.

(3.) The case of the complainant is that on account of assault being made by respondent Nos.3 to 14 on the complainant and his family members, filed a complaint which came to be registered before Chorwad Police Station, being C.R. No.I-23 of 2017 on 26/5/2017 for the offences punishable under Ss. 143 , 147 , 323 , 324 , 505 , 427 of the Indian Penal Code and Ss. 3(1)(r)(s) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and under Sec. 135 of the G.P. Act.