NIMESHBHAI RAYSINGBHAI MOHANBHAI SOLANKI 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.11215037220717 of 2022 registered with Vidhyanagar Police Station, Anand for offences punishable under Ss. -326, 323, 324, 427, 504 r/w.114 of the Indian Penal Code and also under Ss. - 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr. Vishal Anandjiwala, learned counsel appearing for the appellant, Ms. C.M. Shah, learned Additional Public Prosecutor appearing for the respondent - State.

(3.) Learned Advocate on behalf of the appellant has submitted that the quarrel took place between the original accused no.1 and son of the respondent no.2 at mobile shop with regard to earlier FIR lodged by the son of respondent no.2. He has further submitted that in the recovery panchnama of the knife from the appellant - accused, there were no blood stains on the knife. He further submitted that the knife has not been sent to the FSL. He further submitted that the Investigating Officer has not recorded the statement of the other independent witnesses of shop owners to establish the case against the present appellant. He further submitted that so far as the fact of removal of gall-bladder of the victim, the Investigating Officer has not recorded any statement of any doctor showing that the gall-bladder was removed due to injury. He further submitted that the co- accused involved in the alleged offence have been released by the trial Court and therefore, this Court may release the present appellant on regular bail subject to any stringent conditions as may be imposed by this Court.