JAYSUKHBHAI DEVRAJBHAI RADADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed 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 I - C.R.No.38/2018 registered with Shapar Veraval Police Station, District: Rajkot Rural for the offences punishable under Sections 302, 342, 354, 323, 143, 147, 148, 149 of the Indian Penal Code, Section 135 of the Gujarat Police Act and Section 3(1)(r)(s), 3(2)(5) of the Atrocity Act.

(2.) It is the case of the prosecution that the complainant is doing labour work and she has having one daughter and son and residing with her husband namely Mukeshbhai and doing labour work. It is alleged that on 20.05.2018, the complainant with her husband and her aunt were collecting scrap, at that time, five persons came and without asking anything started beating and, thereafter, taken towards the factory of one of the persons. It is submitted that the husband of the complainant was forcibly tied up and the complainant and her sisters were asked to leave and after that, the complainant was informed to one Ishwarbhai who resided nearby and also informed that her husband has been physically assaulted and he is made at the factory. It is submitted that all the relatives were called and one Sukhdevbhai, to whom, intimation was given on phone from the factory to the effect that the person to whom injuries were caused, where asked to pick up from the factory. It is further submitted that thereafter, the complainant along with other persons went to the factory and they found that her husband was lying on the floor and called 108 and the deceased was taken to the civil hospital, Rajkot where he was ultimately found dead, the FIR came to be lodged.

(3.) An affidavit-in-reply has been filed on behalf of respondent No.1 - State by S. S. Mehta, Deputy Superintendent of Police, S.C. / S.T. Cell, Rajkot Rural, Rajkot. It is stated in the affidavit-in-reply that there is a strong prima facie case against the accused and during the investigation, it was found that the appellant was involved in the offence, while taking active role in the commission of heinous offence. It is also stated that the deceased was mercilessly beaten by the accused wherein he has been identified in the mobile recording and from scientific report of the FSL, it is found that the presence of the accused was there. It is also stated that during TI Parade, the complainant and her sister have identified this very accused and the statement of the complainant is supported by Savitaben, Ishwarbhai, Dhanjibhai, Dineshbhai and Sukhdevbhai. It is also stated that the present accused having taken active role in the alleged offence and he having found present at the time of scene of offence, his bail application may be rejected.