Yuvrajsinh Rajendrasinh Jadeja vs State Of Gujarat
2022 Latest Caselaw 207 Guj

     R/CR.A/1624/2021                                      ORDER DATED: 06/01/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL APPEAL NO. 1624 of 2021

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                        YUVRAJSINH RAJENDRASINH JADEJA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR DILIP P JOSHI(1819) for the Appellant(s) No. 1
MR. HARDIK SONI, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED(64) for the Opponent(s)/Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                                 Date : 06/01/2022
                                  ORAL ORDER

1. Present appellant has filed Criminal Miscellaneous Application No. 398 of 2021 before the Court of 9 th Additional Sessions Judge, Bhachau under Section 439 of Code of Criminal Procedure, 1973 to enlarge him on regular bail on account of offence being C.R. No. 11993004210151 of 2021 under Section 323, 324, 307, 395, 397, 294(B), 427, 452, 506(2) and 188 of Indian Penal Code read with Section 3 (1) (R), 3(1)(S), 3(2)(V), 3(2)(va) of the Atrocity Act and Section 135 of Gujarat Police Act registered at Bhachau Police Station, District Kachchh- East, Gandhidham wherein learned 9th Additional Sessions Judge, Bhachau registered the said application on 06.10.2021.

2. Feeling aggrieved by the said order, the appellant preferred present appeal u/s 14A of the Atrocities Act.

3. Heard learned advocate for the appellant, learnd advocate appearing for the respondent No. 2 and learned APP appearing for the respondent-State.

R/CR.A/1624/2021 ORDER DATED: 06/01/2022

4. It was submitted by learned advocate for the appellant that the complaint filed against the present appellant is bogus, concocted and false. The investigating officer had not collected any evidence which can establish prima facie against the appellant. There is no recovery or discovery from the appellant as alleged. Statement of witnesses are contradicting with each other regarding their presence at the place of so- called offences, which indicates that incident seems to be fabricated from other one. No weapon under Arms Act is recovered from any of accused. Even though, charge-sheet filed for so-called offences under Arms Act without sanction of the District Magistrate. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by the learned 9 th Additional Sessions Judge and released the present appellant on bail in Criminal Miscellaneous Application No. 398 of 2021.

5. Per contra, learned advocate for the respondent No. 2 as well as learned APP for the respondent-State have strongly objected the submissions by learned advocate for the appellant and submitted that learned trial court has rightly dismissed the prayer for granting bail to the present appellant. It is further submitted that, however, charge-sheet is filed, appellant cannot be released on bail as prima facie involvment of the present appellant has been proved by the prosecution that from the complaint itself name of the appellant was clearly disclosed by the complainant as accused No. 4. That the brother of the complainant was seriously injured, and therefore, he was shifted to three different civil hospitals such as Bhachau, Adipur and Rajkot and his treatment is yet

R/CR.A/1624/2021 ORDER DATED: 06/01/2022

continued and is not fully recovered. It is submitted that from charge-sheet papers involvement of the present appellant is clearly made out and established by the prosecution. That serious offences have been comitted by the appellant. It is submitted that there are 19 different offences registered against the present appellant, and therefore, no lenient view can be taken by this court by accepting the prayer to enlarge the appellant on bail. Ultimately, it was requested by learened APP for the respondent-State and learned advocate for the respondent No. 2 to the dismiss present criminal appeal.

6. Having heard learned advocate for the appellant, learned advocate for the respondent No. 2 as well as learned APP for the respondent No. 1 and considered the charge-sheet papers, it appears that present offence allegedly was occurred on 27.05.2021 and complaint was registered on 30.05.2021. In M.L.C. Register at page No. 16, an entry was made that on 27.05.2021 at about 10.00 P.M., total 15 accused came at the residence of the complainant and assaulted with Dharia, Pipe, Sward and Knife. Two persons were injured. Initially, primary treatment was given in civil hospital, Bharuch thereafter in Divine Hospital, Adipur and thereafter in N.M. Virani Wockhardt, Rajkot. Thereafter, it appears that a complaint was lodged on 30.05.2021. Certain facts were added by the complainant including the weapon, Pistol. Story was further modified saying that the property of the complainant such as three mobile phones were broken, some articles were damaged and his four wheeler bearing Registration No. GJ-12- DG-0160 was also damaged as well as robbery of Rs. 1 lakh and ornaments. This fact was not disclosed in M.L.C. Register by the complainant. There is one certificate of doctor, wherein

R/CR.A/1624/2021 ORDER DATED: 06/01/2022

the history was recorded of the complainant wherein name of the present appellant was not disclosed at the initial stage. No particular role was assigned in the entire complaint that the present appellant assaulted the complainant, what injury was caused by the appellant to him or his brother, what weapon was used by the appellant and caused any kind of injury to the complainant or his brother. From the affidavit filed by the Investigating Officer before the Trial Court, there are total 19 offences registered against the present appellant. Out of them, 18 offences are under the prohibition Act and one offence is under Section 307 of Indian Penal Code etc. As per the submissions made by learned advocate appearing for the appellant, in five offences, appellant is already acquitted by the criminal court and in another offences, he is released on bail. It is further submitted that not a single bottle of liquor was found from the custody of the present appellant in any of the offences registered under the Prohibition Act. Admittedly, charge-sheet is filed and investigation is over by the prosecution. There is no possibility of absconding by the present appellant or tampering any witnesses of the prosecution. Considering the overall facts of the present case, the charge-sheet papers, involvement of the present appellant and story of the prosecution which was modified later on, this Court is of the view that the prayer made by the present appellant requires for consideration. Hence, present appellant is hereby allowed.

** In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 06.10.2021 passed by learned Special Judge & 9th Additional Sessions Judge, Bhuchau in Criminal Misc. Application No. 398 of 2021 is

R/CR.A/1624/2021 ORDER DATED: 06/01/2022

hereby quashed and set aside. The appellant is ordered to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that 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 India without prior permission of the concerned

Trial Court;

[e] 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 this Court;

7. The authorities 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 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.

       R/CR.A/1624/2021                         ORDER DATED: 06/01/2022



8       At the trial, the Trial Court shall not be influenced by the

prima facie observations made by this Court in the present

order.

9. Notice is discharged.

10. Registry is directed to send a copy of this order to the concerned Jail Authority as well as learned Sessions Court concerned through fax or email forthwith.

(B.N. KARIA, J) DIWAKAR SHUKLA