KINGSLEY FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) This is an application for bail. The applicant was arrested on 8/3/2023 at 03:25hrs for offence punishable under Ss. 143, 144, 148, 323, 342, 307 read with Sec. 149 of Indian Penal Code and Sec. 25 and 27 of the Arms Act, by the Quepem Police Station in respect of Crime No.24/2023. The complainant is one Shri Prajyot, son of Prakash Naik. It is alleged that on 7/3/2023 at around 10:00PM, six accused including the applicant, in furtherance of their common object formed unlawful assembly armed with deadly weapons/arms such as sword, knife and baseball stick, assaulted the complainant with fist blows, kicks and knife causing him simple injuries and confined the complainant in a Swift car and further, when the complainant tried to escape from the car, they attempted to kill the complainant by attacking the complainant with sword on the head, however, the complainant dodged the attack and saved himself. The medical report reveals that the complainant suffered simple injuries. All the six accused were arrested on 8/3/2023. The cars which were used in the commission of the crime were attached under the Panchnama, so also the weapons used, i.e. 3 big swords, 1 baseball bat, 2 knives, which were in the car were attached under the Panchanama. The statement of the witnesses have been recorded which, according to the prosecution, corroborated with the facts mentioned by the complainant. The test identification parade of the accused persons was held. The applicant was identified by the complainant to be the one who assaulted him.

(2.) The reply has been filed by the prosecution. From the reply it appears that there was an accident in the morning on 7/3/2023 pursuant to which there were heated arguments between the applicant and one Sachin who was also celebrating Holi at Cotta, Amona. After the arguments, the applicant left the spot. It is alleged that to take revenge, the applicant contacted and gathered five known history-sheeters who were not locals of Quepem to assault and harm Sachin. The accused inquired the whereabouts of Sachin from the complainant-Prajyot. When Prajyot did not give details of Sachin, they assaulted Prajyot. It is submitted that offence is of a serious nature and it is the applicant who had gathered the known history-sheeters who all assaulted the complainant in furtherance of their common intention. It is submitted that there is every possibility that the applicant may make another attempt to get even with Sachin.

(3.) There are no criminal antecedents against the applicant. The statements of the witnesses have been recorded and even the weapons have been seized. The applicant is in custody since 8/3/2023. The complainant suffered simple injuries. Considering the nature of the allegations, the applicant can be released on bail. To allay the apprehension of learned Additional Public Prosecutor that the applicant may cause harm to the complainant or to Sachin, I propose to impose stringent conditions while releasing the applicant on bail. Hence, the following Order: