BHARATBHAI BUTABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as "the Atrocity Act" for short) at the instance of the appellants - original accused for the anticipatory bail in connection with the FIR being C.R.No. I - 18/2018 registered with Chandkheda Police Station, District: Ahmedabad City for the offences under Sections 323, 324, 294(b) and 114 of the Indian Penal Code, Section 135(1) of the Gujarat Police Act and Section 3(2), 5(b), 3(1)(r) of the Atrocity Act.

(2.) It is contended that the alleged FIR has been lodged by Amratbhai Motibhai Vaghela on 14.01.2019 at about 3.30 in the noon hours, when he was present at his house and his son-in-law R/CR.A/429/2019 ORDER Tulsibhai and son Harishbhai was flying kites. It is contended that at the relevant time, Bharatbhai Bharwad started abusing the son and son-in-law of the complainant about his caste in filthy language and at that time, he was having stick in his hand and Vinodbhai was having stick and Dhariya in his hands and at that time, during the quarrel Vinodbhai had given blow on right hand thumb of the complainant and Bharatbhai had given stick blow on the head of the complainant. It is further contended that the wife of the complainant and other family members have tried to intervene, however, they were also beaten by the accused persons. 2.1 Upon the said offence, FIR came to be lodged and the appellants herein apprehending of their arrest, they have preferred Criminal Misc. Application No.197 of 2019 before the learned Sessions Judge, Gandhinagar under Section 438 of the Criminal Procedure Code for anticipatory bail, which came to be rejected by the learned 3rd Additional (Ad-hoc) Sessions Judge, Gandhinagar vide order dated 08.02.2019.

(3.) Affidavit-in-reply has been filed by the original complainant - respondent No.2 wherein he has stated that the learned Sessions Judge has rightly rejected the bail application. It is further stated that the accused persons have abusive filthy language amongst the caste and also used dharia and stick and inflicted injury on his head and he was seriously injured and he has taken treatment in the Civil Hospital, Ahmedabad. It is further stated that if the appellants are released on anticipatory bail, there will be serious injustice to the complainant and there are all chances to misuse the liberty and there will be great hardship to investigating agency. It is further stated that considering the seriousness of the injuries as well as the facts narrated in the affidavit, the present appeal may be dismissed. Along with the affidavit-in-reply, the complainant has produced certain documents which includes the objection filed before the trial Court, medical certificate.