JAYPRAKASH @ GUDDUBHAI RAMUDIT CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned Ms.Moxa Thakkar for respondent No.1- State and learned advocate Mr. S.K. Bagga for respondent No.2 waive service of notice of admission.

(2.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant original accused for bail in connection with the FIR being C.R. No.I-215 of 2018 registered with Odhav Police Station, Ahmedabad for the offences punishable under Sections 302, 307, 323, 143, 144, 147, 148, 149 and 427 of the Indian Penal Code and Section 135 of the Gujarat Police Act and Section 3(2)(5), 3(2)(5-A) of the Atrocity Act.

(3.) It is the case of the appellant that on 19.10.2018, one FIR came to be lodged against 8 accused on the ground that one person, namely Merambhai @ Maheshbhai, who is running Egg's lorry outside the residence of the complainant and in the said area, relatives of one Kulmatiben and Guddu Chauhan, Rakesh Chauhan and Avadesh Chauhan are residing and they wanted to close the lorry run by the said person and in connection with the same, some dispute was going on between Merambhai and Sunny. It is alleged that the accused of the said FIR assaulted with iron pipes and other weapons have assaulted the complainant and other injured witnesses, in which Merambhai died.