Yograjsinh Hitendrasinh ... vs State Of Gujarat
2021 Latest Caselaw 3855 Guj

         R/CR.A/276/2021                                         ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                R/CRIMINAL APPEAL NO. 276 of 2021
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               YOGRAJSINH HITENDRASINH CHUDASAMA
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the Appellant(s) No. 1
NOTICE SERVED THRU CONCERNED POLICE STN for the
MS KHUSHBU DHANEJA Opponent(s)/Respondent(s) No. 2
MR PRANAV TRIVEDI APP(2) for the Opponent(s)/Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                               Date : 05/03/2021

                                ORAL ORDER

By way of the present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989')., the appellant

- original accused challenges the order dated 15/02/2021 passed by the learned 7th Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Criminal Misc. Application No.466 of 2021 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant - original accused in connection with the F.I.R. being C.R.No.11192018210090 of 2021 registered with Dhandhuka Police Station for the offence punishable under Sections 323, 504 and 506(2) of the Indian Penal Code and under sections 3(1)(r), 3(2)(s) and 3(2)(va) of the Atrocities Act.

2. Heard learned Advocates appearing for the respective parties. It appears that the substantial investigation is over and injured-Shri Dhanjibhai suffered simple injury as per

R/CR.A/276/2021 ORDER

medical certificate dated 01/03/2021. Learned Advocate Ms.Khushbu Dhaneja appearing for the first informant submits that the appellant is involved in other offences in the year 2013; but it appears that in the said incident of 2013, the appellant has earned acquittal as per judgment and order of acquittal rendered in Sessions Case No.80 of 2014. However, considering the facts and circumstances of the case, by imposing suitable conditions, present appeal deserves consideration.

3. In the result, the present appeal is allowed. The order dated 15/02/2021 passed by the learned 7th Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Criminal Misc. Application No.466 of 2021 is hereby quashed and set aside. The appellant is ordered to be released on bail in connection with F.I.R. being C.R.No.11192018210090 of 2021 registered with Dhandhuka Police Station on executing bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of 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] not leave the territory of India without prior permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend Court concerned regularly.

[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission

R/CR.A/276/2021 ORDER

of Sessions Court concerned;

[f] not to enter into the limits of Village Morasiya, Tal. Dhandhuka for a period of six months;

[4] The competent authority will release the appellant only if he 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 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 to the concerned Court to delete, modify or relax any of the above conditions in accordance with law. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the appellant on bail.

The appeal succeeds. Direct service is permitted.

(S.H.VORA, J) sompura