KULDEEP KALIDAS PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant, who is the original complainant in the complaint being FIR No.11191033211149 registered with Meghaninagar Police Station, Ahmedabad City, for offences punishable under Ss. 325, 323, 294(b) and 114 of IPC and Sec. 3(1)(r), 3(1)(s) and 3(2) (v-a) of the SC & ST (Prevention of Atrocities) Act, has prayed to quash and set aside the order passed by the learned Additional Sessions Judge, City Civil Court, Ahmedabad in Criminal Misc. Application No.7622 of 2021 dtd. 18/10/2021 by which the respondent Nos.2 & 3 herein were enlarged on anticipatory bail in connection with the impugned FIR.

(2.) Learned advocate Mr. Amin for the appellant submitted that the Court below committed serious error in releasing the respondents-accused persons on anticipatory bail though there was a prima facie case against them. In the order granting bail, the Court below has observed that there was a delay of one day in filing the FIR; however, the said finding is erroneous since the appellant had informed the police immediately after the incident had taken place, for which there was a 'vardhi' also. But, no FIR was registered on the same day. Hence, the finding recorded by the Court below is contrary to record. The averments made in the FIR would suggest the involvement of the respondents in the alleged offence beyond reasonable doubt. It was, accordingly, urged to cancel the bail granted to the accused by setting aside the impugned order of the Court below.

(3.) Heard learned advocates on both the sides and perused the material on record. It appears from the record that the alleged incident took place on 6/10/2021 at around 11:15 pm. In connection with the said incident, the respondent No.2 herein had filed a complaint before the police station against the appellant herein and three other accused persons on the very next day, i.e. on 7/10/2021 at 05:20 am, for offences u/s.324, 327, 323 and 294(b) of IPC . The appellant- complainant had filed the impugned FIR one day later, i.e. on 8/10/2021 at around 05:30 pm.