Gujarat High Court
Kamleshbhai Ratanchand Khandelval vs State Of Gujarat on 11 February, 2025
NEUTRAL CITATION
R/CR.A/2387/2024 ORDER DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 2387 of 2024
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KAMLESHBHAI RATANCHAND KHANDELVAL & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR EKANT G AHUJA(5323) for the Appellant(s) No. 1,2
PARTY IN PERSON(5000) for the Opponent(s)/Respondent(s) No. 2
MR HK PATEL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 11/02/2025
ORAL ORDER
1. RULE. Learned APP waives service of rule for the respondent-State.
2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act"), has been filed by the applicant accused praying to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11191004240558 of 2024 registered with Amraiwadi Police Station, Ahmedabad for the offences punishable under Section 115(2) 296(B), 351(2), 54 of the Indian Penal Code, 1860 (for short "IPC") / The Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Section 3(2)(v-a), 3(1)(r) and 3(1)
(s) of the Atrocity Act.
3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that, as alleged in the FIR, On 08/09/2024, while near Gate No. 1 of Parishkar II Society, the complainant noticed two unknown Page 1 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025 NEUTRAL CITATION R/CR.A/2387/2024 ORDER DATED: 11/02/2025 undefined individuals entering. Upon inquiry, the gate supervisor, Narendrabhai, stated that the chairman had instructed him not to record visitor entries. When the complainant requested proof of this directive, the supervisor called society chairman Kamleshbhai Ratanchand Khandelwal. Meanwhile, estate manager Dhirenbhai Desai arrived, and they moved to the visitor waiting area. The chairman, along with the two unknown individuals, allegedly hurled caste-based abuses at the complainant, leading to a scuffle. The gate supervisor, estate manager, and society member Prakashbhai Shernani intervened. However, Shernani sided with the chairman and allegedly said, "Let's finish the complainant." The altercation ended with the intervention of bystanders. The complainant also cited a previous incident on 08/02/2024, where the chairman had allegedly threatened to falsely accuse him of misconduct if he filed a complaint about the malfunctioning O Block lift. Due to a settlement, the complainant had not pursued the matter then. Nothing is required to be recovered or discovered from the present appellants. The appellant No.1 is physically challenged and having disability of 60%. It is also submitted that interim relief has already been granted by the Coordinate Bench of this Court in favour of the present appellants. It is further submitted that, considering the nature of the offence, the applicant may be granted bail with the imposition of suitable conditions.
4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present appeal may be Page 2 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025 NEUTRAL CITATION R/CR.A/2387/2024 ORDER DATED: 11/02/2025 undefined dismissed.
5. Upon issuance of notice, the party-in-person appeared and filed an affidavit-in-reply, stating that the complainant belongs to the Scheduled Castes community and that the appellants used derogatory remarks related to his caste with the intent to harass and insult him. Therefore, a prima facie case is made out against the appellants, and hence, the appeal may be dismissed.
7. Having heard the learned advocate for the parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are
(i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided. I have considered the following aspects.
1. Prima facie, it appears that the allegations against the Page 3 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025 NEUTRAL CITATION R/CR.A/2387/2024 ORDER DATED: 11/02/2025 undefined appellants are that they used derogatory words related to the complainant's caste to insult him. However, the FIR does not specify the exact words allegedly used by the appellants.
2. The appellant No.2 was bystanders and appellant No.1 was suffering from disability of 60%.
3. Nothing is required to be recovered or discovered from the present appellants.
4. In view of the judgment passed by the Hon'ble Apex Court in the case of Ramesh Chandra Vaishya v. State of UP, reported in 2023 LiveLaw (SC) 469, the Court observed that for allegations of an offense under the provisions of the Atrocities Act, it is desirable that caste-related utterances be explicitly mentioned either in the FIR or at least in the charge sheet.
8. Having considered the fact that the allegation is that the present appellant alongwith accused persons hurled castiest remarks to the husband of the complainant, however, merely because the complainant belongs to scheduled caste, provision of section 3(2)(v-a) of the Atrocity Act has been invoked however, there is no any allegation or no any utterance in furtherance of the act to humiliate the complainant. Even considering the decision of the Hon'ble Supreme Court in the case of Hitesh Verma vs. State of Uttarakhan reported in (2020) 10 SCC 710 as well as in the case of Shajan Skaria vs. State of Kerala reported in 2024 SCC OnLine (SC) 2249, there is no bar under Section 18 of the Atrocity Act on anticipatory bail unless prima facie offence is made out. Further, in view of the law laid down by the Hon'ble Apex Court in the case of Prathvi Raj Chauhan vs. Page 4 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025 NEUTRAL CITATION R/CR.A/2387/2024 ORDER DATED: 11/02/2025 undefined Union of India reported in (2020) 4 SCC 727, as the allegation is prima facie not made out.
9. Considering the aforesaid aspects and the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. reported in (2011) 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. reported in (1980) 2 SCC 665 and also the decision in the case of Sushila Aggarwal v. State (NCT of Delhi) reported in (2020) 5 SCC 1, I am inclined to allow the present appeal.
10. In the result, the present appeal is allowed by directing that in the event of arrest / appearance of the appellant/s in connection with the FIR being C.R. No.11191004240558 of 2024 registered with Amraiwadi Police Station, Ahmedabad the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of like amount on the following conditions that appellants :
(a) shall cooperate with the investigation and make himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 21/02/2025 between 11.00 a.m. and 2.00 p.m. and the IO shall ensure that no unnecessary harassment or inconvenience is caused to the applicant;
(c) shall not directly or indirectly make any inducement, threat or promise to any person Page 5 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025 NEUTRAL CITATION R/CR.A/2387/2024 ORDER DATED: 11/02/2025 undefined acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Court and if having passport shall deposit the same before the Trial Court within a week;
(g) an order of anticipatory bail does not in any manner limit or restrict the rights or duties of the police or investigative agency, to investigate into the charges against the applicant;
(h) It is open to the police or the investigating agency to move the learned trial Court for a direction under Section 483(2) to arrest the accused, in the event of violation of any term, such as absconding, non-
cooperating during investigation, evasion, intimidation or inducement to witnesses with a view to influence outcome of the investigation or trial, etc.-
11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
12. Rule is made absolute to the aforesaid extent. Appeal is disposed of accordingly. Direct service is permitted.
(HASMUKH D. SUTHAR,J) ALI Page 6 of 6 Uploaded by ALI ISTAYAK(HC01093) on Tue Feb 11 2025 Downloaded on : Wed Feb 12 22:25:17 IST 2025