A single judge bench of the Gujarat High Court comprising Justice Justice Nikhil S. Kariel released the accused on anticipatory bail for committing the offence under Sections 3(1)(R), 3(1)(S) and 3(2) (VA) of SC & ST (Prevention of Atrocities) Amendments Act, 2015 by appreciating the fact that there was no specific allegation made against the accused and there were delay of 5 days in registering the FIR.
Facts
In the present case, the appellant prays for being released on anticipatory bail in connection with FIR being C.R. No.11204025220418 of 2022 registered with Kheda Town Police Station, District Kheda on 24.09.2022 for offences punishable under Sections 323, 504, 506(2), 114 of Indian Penal Code and under Sections 3(1)(R), 3(1)(S) and 3(2) (VA) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Amendments Act, 2015. The appellant contended that the natures of allegations are such for which custodial interrogation of the appellant at this stage is not necessary and he will be available during the course of investigation and will not flee from justice.
Observations
The court observed that FIR in question is delayed by five days, more particularly, the FIR being a written complaint and whereas there is no specific allegations against the appellant of having abused the first informant by using any caste related derogatory term. The allegations made in the FIR were considered in the context of the primary allegation that the present appellant along with around 200 to 250 workers had gone to the factory premises where the first informant was the Security Supervisor and whereas the present appellant had gone to represents certain demands of the labourers as he is stated to be a social worker being charitable activities.
Decision
The present application is allowed by directing that in the event of appellant herein being arrested pursuant to FIR being C.R. No.11204025220418 of 2022 registered with Kheda Town Police Station, District Kheda, the appellant shall be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- (Rupees Ten Thousand only) with one surety of like amount with imposing certain conditions.
Case: Mahipatsinh Kesarisinh Chauhan vs State of Gujarat
Citation: R/CRIMINAL APPEAL NO. 1992 of 2022
Coram: Justice Nikhil S. Kariel
Date: 20.10.2022
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