UTTAMBHAI VAJIRBHAI PATEL Vs. UNION TERRITORY OF DADAR

JUDGEMENT

(1.) THIS is an application for anticipatory bail by the petitioners accused in CR No.I-30 of 96 under section 147, 148, 149, 341, 302, 322, 506 and 155 of the Indian Penal Code.

(2.) IT is the case of the prosecution that the complainant Damabhai Lachhiyabhai Chaudhari, who is admittedly a worker of the Congress(I) Party started from his house at Talavali-Karbharipada at 8.30 hours and he came to the congress office at Khanvel. Thereafter from the office he, along with other workers of his party want to Shelty, Khutli and Umarvani village for propaganda. At about 11.30 a.m. they returned back to the office. At about 2.00 p.m. the complainant, Dharma Soma Sambhar, residing at Talavali-Sambharpada, Shri Kaad Radka Kurkutiya, resident of Khutli and the deceased Bapji Dhakal Bhoya, residing at Khanvel in Dungari-pada and Jayesh Nagin Patel, residing at Khutil and Bholanath Ramsharan Gupta, residing at Khanvel all started to go to the congress office at Silvassa in Jeep No.GJ-15 C-8327 Driver of the jeep was one Arif. They reached Congress office at Silvassa in the afternoon at about 3.00 hours.There they met one Mohanbhai, a candidate of congress party. At about 5 O'clock in the evening, all the above mentioned persons and Shri Govind Holia Vangad of Khanvel started to come to khanvel. At that time behind them there was another jeep bearing No.DN-09/1330 in which Bapubhai Navsubhai Dhodiya, the Member of the District Panchayat of Dudhani village and five other workers were there. Both the jeeps reached near 'Char Rasta' of village Khadoli at about 5.30 in the evening and at that time about 17 jeeps of the BJP party were coming from the front side i.e. from khanvel side and there was a Maruti vehicle also. They gave a signal to stop the jeep where upon complainant's driver stopped the jeep. Behind them, jeep of Bapubhai of village Dudhani was coming. Jeep which came from Khanvel side belonged to B.J.P. party and the said jeep stopped the jeep of the complainant. About 15 persons got down from jeep of BJP party. Three persons from them were having swords. About three to four persons had Gupti, and other persons were having iron bars. The complainant further goes on to say that having been horrified, some persons from the jeep of the complainant got down and started running away. They were Jayesh Nagin Patel, deceased Bapji Dhakal Bhoya, Ishver Lakhma Vangad and the cleaner of the jeep Jalal. From among them Ishver lakhma Vangad, Jayesh Nagin Patel jumped over the fencing of wire and ran away. The deceased Bapji Dhakal Bhoya and cleaner Jalal were caught and they were being beaten with weapons like Gupti and sword. Driver of the complainant's jeep took out the jeep by one side and took it to Khanvel side. The jeep that was following complainant's jeep was that of Bapubhai and was taken in great speed ahead of the complainant's jeep. It is alleged that deceased Bapji and the cleaner Jalal were continuously beaten up.The complainant and others then came to Khanvel Police station and informed the police authorities and immediately thereafter they went back to village Khadoli. When they went there, they was deceased lying dead on the side of the road. He was injured on the left side of his back and blood was coming out. The injury appeared to have been caused with Gupti. It appears that the cleaner of the Jeep-Jalal was injured in both the legs and in his head and there was bleeding. The complainant says that the petitioners were amongst 15 persons who got down from the jeep. Uttam Patel-Petitioner No.1 herein and Amrat Babubhai Patel-Petitioner No.2 herein had sword in their hands and Jugal Patel - Petitioner No.4 herein had a bar and gupti in his hands and Amrat Vajirbhai Patel-Petitioner No.5 herein had a Gupti in his hand. The complainant has further stated that the remaining persons were Fateh Sinh Chauhan and Natubhai Maruti and Natubhai Chauhan. They were standing and giving slogans. They also had iron bars, gupti and sword in their hands. This in short is the story of the complainant.It is indicated in the complaint that the accused belonged to B.J.P. party and the complainant and others belonged to Congress(I) party and this incident took place because the accused wanted to prevent the complainant and others from carrying out their propaganda for congress I party in the ensuing Loksabha elections. It may be stated here that Natubhai Maruti and Nathubhai Chauhan, Accused Nos.8 and 9 respectively, have already been released on anticipatory bail on concession made by prosecution. As regards accused No.7 Fateh Sinh Chauhan, he has been released on bail by the regular Court after arrest.

(3.) MR .Namjoshi on the other hand contended that this is not a case where the petitioners could be released on anticipatory bail in asmuchas there is sufficient prima facie evidence against them. He stated that firstly petitioners Nos.1,2,4 and 5 are persons with antecedents. He has tendered in the court a list of cases registered against them about which Mr.Joshi has a lot to say, which I will examine a little later. As per the chart given by Mr.Namjoshi it appears that as against petitioner No.1 about 8 criminal cases were pending and there are two chapter cases registered against him. As against petitioner No.2 there are five criminal cases pending and there is also a chapter case registered against him. As against petitioner No.4 there are five criminal cases pending. As against Petitioner No.5, there are three criminal cases pending. There are no cases pending against petitioner No.3