Gujarat High Court
Rafikbhai Bin Jahidbhai Harsi vs State Of Gujarat on 13 January, 2025
NEUTRAL CITATION
R/CR.A/2630/2024 ORDER DATED: 13/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL - AFTER CHARGESHEET) NO.
2630 of 2024
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RAFIKBHAI BIN JAHIDBHAI HARSI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YASH K KOSHTI(12865) for the Appellant(s) No. 1
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/01/2025
ORAL ORDER
[1.0] RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat.
[2.0] Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 25.10.2024 passed by the learned 4 th Additional Sessions Judge, Junagadh in Criminal Misc. Application No.717 of 2024 whereby the learned Judge rejected the application filed by the present appellant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in connection with FIR being C.R. No.11203039240240 of 2024 registered with Mendarda Police Station, District Junagadh for the offences punishable under Sections 109, 351(2), 281, 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS"); sections 3(1)(R) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "Atrocity Act").
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[3.0] Though served, respondent No.2 has chosen not to appear before this Court.
[4.0] Learned advocate for the appellant submitted that the appellant is not involved in the commission of offence as alleged in the FIR and has been falsely enroped in the offence. The complainant is a RTI Activist and accused No.1 is the Sarpanch of village Shergadh and in collusion and connivance of accused persons, by making raiki, accused No.2 has run over his Eco Car over the witness due to which the witness sustained injuries however, the witness had received very simple nature of injuries and is out of danger and charge-sheet is filed. Further, the applicant is behind the bars since 18.07.2024 and therefore, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.
[5.0] Per contra, learned APP appearing for the respondent - State has vehemently opposed the present appeal and stated that there is prima facie evidence against the appellant. Further, the appellant is seen in the CCTV footage and if released on bail then there is no possibility to stand to trial by the appellant and there is possibility of tampering with the evidence, he has requested to dismiss the present appeal.
[6.0] I have given thoughtful consideration to the arguments canvassed by learned advocates for both the sides.
The allegation in the FIR is that suggests that the complainant is a RTI activist and accused No.1 is the Sarpanch of village Shergadh and keeping grudge of animosity the accued in connivance and collusion of other accused person as per the instruction of accused No.1 tried to run over his Eco Car on the complainant and witness and in this regard Page 2 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jan 16 2025 Downloaded on : Thu Jan 16 21:39:49 IST 2025 NEUTRAL CITATION R/CR.A/2630/2024 ORDER DATED: 13/01/2025 undefined complaint is filed. It is pertinent to note that investigation is over and nothing is required to be recovered or discovered from the present appellant as the charge-sheet is filed. In view of the above, if the appellant is not released on bail then it will be pre-trial conviction and considering the principle of bail is rule and jail is exception, present appeal deserves consideration with appropriate conditions. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation reported in (2012)1 SCC 40. Further, the co-accused has been considered by the coordinate Bench and therefore, in view of decision of this Court in the case of Ramesh Batubhai Dabhi vs. State of Gujarat reported in 2011 (3) GLR 1150, appellant is entitled to the benefit of parity.
[7.0] Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No.11203039240240 of 2024 registered with Mendarda Police Station, District Junagadh on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the appellant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station once in a month for a period of six months between 11:00 a.m. and 2:00 Page 3 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jan 16 2025 Downloaded on : Thu Jan 16 21:39:49 IST 2025 NEUTRAL CITATION R/CR.A/2630/2024 ORDER DATED: 13/01/2025 undefined p.m.;
[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;
[h] shall not take undue advantage of liberty for prolonging the trial by taking unnecessary adjournment;
[i] shall not enter In the vicinity of Mendarda Police Station except for the purpose of marking presence before the concerned Police Station or for appearing before the learned trial Court;
[8.0] The authorities shall release the appellant only if the appellant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
[9.0] At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
[10.0] Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 4 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Thu Jan 16 2025 Downloaded on : Thu Jan 16 21:39:49 IST 2025