NIRAVBHAI BHULABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.I-11822004220566 of 2022 registered with Khergam Police Station.

(2.) Facts of the case are as under :- The alleged incident is alleged to have taken place on October 08, 2022 at 18.30 hours and lasted till 02.00 am on October 09, 2022. In the First Information Report 29 persons have been named as accused with mob of 1500-2000 persons. The said First Information Report is given by one Shakuntla Maal Police Sub- Inspector, Leave Reserve, Navsari. The first informant alleged that on October 08, 2022 when she was at her duty as In-charge of Khergam Police Station, at about 19.10 hours, she was informed by unarmed police constable Me Mitesh Ramesh posted in LIB Branch of Khergam Police Station that there is quarrel between Mr. Anantbhai Patel within their jurisdiction and sald incident has been circulated in Whatsapp. The said facts of the alleged assault of Mr. Anantbhai Patel was widely circulated in secial media, therefore, the first informant inquired from other police staff to verify about the incident of the quarrel with the MLA who confirmed the assault on MLA and also found that MLA and his supporters are agitating on reads and closed the roads and therefore, proceeded towards the area of incident where she found after reaching the market Dashera Tekri that the road was found to be have been blocked and the MLA and 18 other persons have been identified and named in the First Information Report along with 1500-2000 people consisted of mob. She further stated that when she reached near the place, there were nearly 200-300 persons of scheduled tribes who were instigating the people and said that it is not assault on Mr. Anantbhai Patel but it is an assault on the schedule tribe community. The first informant further stated that the first informant summoned the other police force and also informed the said facts to immediate superiors. After arrival of other polisse salt, the test Informant approached Mr. Patel and was informed what has happened and what is his complaint. When the firs informant reached near Mr.Anantbhai Patel, mob become agitated and started chanting slogans. The mob was informed that the first informant was there to record the complaint. The Sarpanch of Khergam Zarnaben Patel was also present who also requested Mr. Anantbhai Patel that the police has arrived to record the complaint of Mr. Anantbhai Patel, however, refused to give the complaint and said police is not required and they will do justice by themselves. The first informant further stated that the election of legislative assembly was round the corner and therefore, so as to take undue political advantage, the mob could go to any extent and therefore, the Deputy Superintendent of Police, Navsari was also informed about the said fact. On receiving the information, the Deputy Superintendent of Police, Navsari, Deputy Superintendent of Police, ST/SC Cell, Mr. Korat PI, Mr. Karen CPI were informed about the said incident and summoned the police. Since, the mob grew, the Mamlatdar had also arrived at the place who has also requested Mr. Anantbhai Patel to lodged his complaint before the police and police was ready to take the complaint. The mob had become unruly and assaulted the police and damaged the properties. Hence, impugned FIR is filed.

(3.) Heard learned advocate for the petitioner / accused and learned APP for the State.