HIRAGAR RATANGIRI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.I-118 of 2017 before Mahesana Taluka Police Station for the offence punishable under Sections 302 , 365 , 323 , 364 , 397 , 342 , 166 , 330 , 331 , 143 , 147 , 149 , 120B of the Indian Penal Code and under Sections 7 and 12 of Prevention of Corruption Act.

(2.) Heard learned advocate for the applicant and learned APP for the respondent State.

(3.) Having considered the rival contentions; only substantial allegation against the petitioner is having procured the illegal custody of the deceased in the police lock-up room in the police station with the aid of Police Station Officers who have been admitted to bail/anticipatory bail by different orders. In one of the case, affidavit has been filed by the investigator pointing out that, during the course of his custody in the police lock-up, the deceased was not beaten. The deceased was however beaten before being locked-up presumably by the public as well as allegedly by police officers and other co- accused at the initial scene of offence i.e. pan shop of co- accused Bharat Barot and Jignesh Barot. It is also noticed that after being beaten the deceased could move hale and hearty in the police station; to the court and then while being taken to sub-jail. It is a mystery as to what happened to the deceased next, as on 5.6.2017 he complained of pain and was taken to Mehsana Hospital and on that evening he died. The investigator is unable to throw light on the circumstances causing death of the deceased. Under the above circumstances, the petitioner is required to be admitted to bail in absence of any apprehension of the petitioner tampering with the evidence or threating the witnesses; fleeing from justice.