KAMLESHPURI ASHOKPURI GOSWAMI 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") at the instance of the appellants - original accused for bail in connection with the FIR being I - C.R.No.37/2019 registered with Chandkheda Police Station, District: Ahmedabad for the offences punishable under Sections 394, 323, 294(b), 506(2) and 114 of the Indian Penal Code, Section 135 of the Gujarat Police Act (hereinafter be referred to as "the GP Act")and Section 3(2)(va) and 3(1)(r)(s) of the Atrocity Act.

(2.) According to the appellants, they have arrayed as accused in the aforesaid complaint and as they were apprehending their arrest in the alleged offence, they have preferred Criminal Misc. Application No.304 of 2019 before the learned Sessions Judge, Gandhinagar under Section 438 of the Criminal Procedure Code, 1973 read with Section 14 of the Atrocity Act seeing relief for being released on anticipatory bail pending the investigation and trial. It is alleged that the allegations made by respondent No.2 did not constitute any offence under the provision of the Atrocity Act and the GP Act and the allegations pertaining to the offence under the IPC were false and fabricated and misconceived. It is also alleged that the learned Sessions Court has rejected the said application for anticipatory bail. It is further alleged that the impugned FIR is counterblast to the prior FIR registered by appellant No.2, as measure of pressurizing tactics, on the part of respondent No.2 at the behest of one Parmar Hitesh Ramjibhai, who is a busy body, with malign political ambitions, and in habit of making false and frivolous allegations against administrative bodies and people, who do not adhere to his demands and hence, the allegations made in the impugned FIR does not inspire any confidence. It is also alleged that the appellants herein being the members of the BJP Yuva Morcha, said Hitesh Parmar wanted to pressurize the appellants so that he can enter in the said organization by any means and hence, respondent No.2 has lodged the FIR on his behest. It is further alleged that from the bare perusal of the FIR, no act of committing robbery or causing simple injury or uttering any atrocious words attributed to any of the accused and the said FIR is vague and general in nature, which transpires to be politically motivated and a counterblast to the prior FIR registered against him, his brother and his father. It is also alleged that as no offence under the Atrocity Act or the IPC are made out and hence, the application under Section 438 of the Criminal Procedure Code read with Section 14 of the Atrocity Act is maintainable in light of the decision dated 20.03.2018 of the Apex Court in the case of Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra. It is further alleged that the appellants are having high reputation in the society and engaged in the political activity also and non-grant of the prayer sought before the Special Court has seriously damaged their reputation and credibility in the society. It is alleged that there are no antecedents of the present appellants and they are local residents of Gujarat State and are having movable and immovable properties in their names and, therefore, there is no chance of their absconding. The appellants have prayed to release them on anticipatory bail.

(3.) In pursuance of the service of notice, the original complainant - respondent No.2 herein has filed affidavit dated 19.03.2019 wherein he has categorically stated that the appellants are headstrong persons and are holding political position in Bharatiya Janta Party, Chandkheda area and present accused are pressurizing the brother of the complainant to withdraw his name as candidature of BJP Yuva Morcha, the accused humiliated and uttered offensive word "dhedao" in openly. It is also stated in the affidavit that there are specific allegations and averment in the complaint which shows that prima facie case for invocation of Atrocity Act has been made out as provided under Section 18 of the Atrocity Act. It is also stated in the affidavit that he was brutally beaten by all the accused and, therefore, he was admitted in the hospital for five days and the appellants had also snatched away the gold chain and committed the offence under Section under Section 394 of the IPC. While relying upon the judgment in the case of Govardhanbhai Shankarbhai Vs. State reported in 1993 (1) GCD 287, the complainant has prayed to dismiss the present appeal.