DHIRUBHAI CHANABHAI PABHAR (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an Appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocity Act") by the appellant - original accused for bail in connection with offence punishable under Sections 306, 341, 323 and 114 of the Indian Penal Code as also under Sections 3(2)(va) of the Atrocity Act registered with Narol Police Station, Ahmedabad, being C.R. No. I-217 of 2018.

(2.) In short, the case of the prosecution is that the deceased Himanshu was harassing Shivani, who was serving with Outlook Glory Company situated at Devraj Estate, Narol, Ahmedabad. On the day of the incident, he had gone there and had harassed Shivani. As such, he wanted to enter the office premises of that Company to meet Shivani. However, when he was restrained, he took up quarrel with the security staff and others as per the case of the prosecution and thereafter he was beaten by the accused and was paraded in the factory premises with his shirt removed from his body. It is further alleged, as per the prosecution case, that he was found hanging on the ceiling fan on the third floor of the factory premises. Thereupon, at the instance of the mother of the deceased, FIR came to be filed and the prosecution was launched.

(3.) Shri Ashish Dagli, learned advocate for the appellant drew the attention of the Court to page 35 paragraph 3 of the impugned order and submitted that the first informant has no objection if the appellant is released on bail as the matter is settled between the parties. Though, no settlement can permitted but fact remains that at the best an offence under Section 306 of the Indian Penal Code is said to have been committed. As such, there is no intentional aiding to the act of commission of suicide at the instance of the accused. However, without going deep into the allegations and the material available on record, since the chargesheet is filed, there is prima facieno evidence available on record that the accused was knowing that the deceased was either of Scheduled Caste or Scheduled Tribe, the co-accused is released on regular bail by this Court as also an affidavit is filed by the first informant in the learned trial Court in the bail proceedings consenting to release the accused on bail.