ASHWIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, "Atrocities Act") for regular bail in connection with C.R.No.11191025221088 of 2022 registered with the Kagdapith Police Station, Ahmedabad for the offences punishable under Ss. 302, 307 and 120B of the Indian Penal Code and Sec. 3(2)(5) of the of the Atrocities Act and Sec. 135 (1) of the GP Act.

(2.) Mr. N.D. Nanavati, learned Senior Counsel assisted by Mr.Hitendra Rajput, learned advocate appearing on behalf of the appellant submits that the present appellant has nothing to do with the offence and his is falsely implicated. It is submitted that the the investigation agency could not establish the conspiracy and only on the basis of suspicion and statement of co-accused persons the present appellant was implicated as an accused. It is submitted that against the appellant there is no direct evidence found and the present appellant was not present at the time of offence, even the accused Nos.1 and 2 were followed the deceased and accused No.1 had inflicted a knife blow to the deceased and both accused were seen in the CCTV footage. It is submitted that the knife used in the offence was recovered from accused No.1. Accused Nos. 1 and 2 did not intend to kill the deceased, but unfortunately, the injury proved fatal, resulting in the deceased's death. It is submitted that considering the nature of the offence, the appellant may be enlarged on regular bail by imposing suitable conditions.

(3.) The learned APP appearing on behalf of the respondent-State and Mr.Raval, learned advocate appearing for the respondent-complaint have opposed grant of regular bail looking to the nature and gravity of the offence.