DIVYESHBHAI KISHORBHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed under Section 14(A) 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 I - C.R.No.38/2018 registered with Shapar Veraval Police Station, District: Rajkot Rural for the offences punishable under Sections 302 , 323 , 114 of the Indian Penal Code, Sections 37 and 135(1) of the Gujarat Police Act and Section 3(2)(v) of the Atrocity Act.

(2.) The short facts of the prosecution case are that on the date of incident, at 6.00 o'clock, the complainant and her husband and aunt went to the factory area for collecting scrap and in the open place, certain scrap material were found and as they were collecting the same, at that time, five persons came and without asking anything, started assaulting them and, thereafter, taken towards the factory of one of the persons. It is alleged that the husband of the complainant was forcibly tied up and the complainant and her sisters were asked to leave and after that, they have informed to one Ishwarbhai who was residing nearby and also informed that her husband was assaulted in the factory. It is submitted that thereafter, the person to whom, the injuries were caused, was asked to pick up from the factory, and the complainant along with other persons went to the factory and found that her husband was lying and the deceased was taken to the civil hospital where he succumbed to the injury. Thus, the complaint came to be lodged. 2.1 According to the appellant, pursuant to the FIR, he has been arrested. Therefore, the appellant had filed Criminal Misc. Application No. 84 of 2019 for regular bail, before the Sessions Court, Gondal which came to be rejected by the learned 4th Additional Sessions Judge, Gondal vide order dated 26.02.2019. According to him, he is innocent and he has been falsely implicated in the alleged offence and investigation is over and the charge- sheet has already been filed. It is further contended that there is no evidence to connect the present appellant with the alleged commission of crime and there is no role attributed to the present appellant. It is submitted that considering overall facts and circumstances of the case, he has prayed to enlarge him on bail.

(3.) Heard Mr.Yogesh Lakhani, learned senior counsel for Mr.Ashish Dagli, learned advocate for the appellant, Ms.Monali Bhatt, learned Additional Public Prosecutor for respondent No.1 - State and Mr.Bhusan Oza, learned advocate for Mr.Subodhkant Parmar, learned advocate for respondent No.2. Perused the papers made available on record and the papers annexed along with the memo of appeal.