Gujarat High Court
Jivarambhai Dalrambhai Patel vs State Of Gujarat on 28 January, 2022
Bench: B.N. Karia
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1726 of 2021
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JIVARAMBHAI DALRAMBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR N P CHAUDHARY(3980) for the Appellant(s) No. 1
MR NIRAV K PADHIYAR(5678) for the Opponent(s)/Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 28/01/2022
ORAL ORDER
The appellant preferred Criminal Misc. Application No.
308 of 2021 before the Court of learned Additional District
Judge, Banaskantha at Tharad u/s. 439 of the Code of Criminal
Procedure, 1973 requesting to enlarge the appellant on regular
bail on account of offence being registered vide C.R.
No.11195050211013 of 2021 registered with Tharad Police
Station, Dist: Banaskantha for the offence punishable u/s.
354(A), 447, 342, 114 of the Indian Penal Code and u/s. 3(1)
(w)(i), 3(2)(va) of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocity) Act, 1989 (for short "the Atrocities
Act"), the learned Additional District Judge, Banaskantha at
Tharad rejected the said application on 29.10.2021.
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
Feeling aggrieved by the said order, the appellant
preferred present appeal u/s 14A of the Atrocities Act.
Heard learned advocate for the appellant, learned
advocate for the respondent no.2 and learned APP for the
respondent-State.
Learned advocate for the appellant has submitted that the
appellant is innocent and has not committed any offence as
alleged by the prosecution. That, looking to the FIR and
allegations made therein, no prima facie offence has been
made out against him. That, on plain reading of the FIR, it is
manifest that none of the ingredients of the provisions of the
IPC and Atrocities Act are satisfied and therefore, no prima
facie case is made out against the appellant. That, the
allegations made in the FIR are so absurd and inherently
improbable on the basis of which no prudent person can even
reach to a conclusion that there is sufficient ground for
proceedings against the appellant. That, the charge sheet has
been filed and no possibility of tampering with evidence. That,
if the allegations made in the FIR are taken at its face value and
accepted in their entirety, prima facie, they do not constitute
any offence or make out a case against the appellant. That, the
applicant has not participated in occurrence of the incident.
That, the version as alleged by the complainant is highly
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
doubtful and there are serious doubts with regard to the
credibility of the version of the complainant. That, the
appellant is in judicial custody since more than 5 months and
if he is released on bail, he will not contact the respondent no.2
by any manner such a mobile phone, personal visit or any
direct or indirect way and will not harass the respondent no.2
as well as he will remain out of village Tharad as the court may
deem it fit. Hence, it was requested by learned advocate for the
appellant to quash and set aside the impugned judgment and
order of rejecting the prayer of bail by the appellant and
release the appellant on bail.
Learned APP for the respondent No.1-State and learned
advocate for the respondent no.2 have strongly objected the
arguments advanced by learned advocate for the appellant.
That, the appellant is involved in the serious offence and
therefore, the learned lower court has rejected the request of
the appellant to release him on bail. That, again and again,
appellant behaves with the respondent no.2 and trying to
forcefully touch her and therefore, the complaint was lodged
by the respondent no.2 before the Tharad Police Station on
13.08.2021. Learned advocate for the respondent no.2 has
referred four documents in form of undertaking given by the
appellant narrating that he will not harass the respondent
no.2, however, the appellant is trying to harass the respondent
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
no.2. It was further submitted that if the appellant would be
released on bail again there would be a chance of tampering
with the witness and only because of filing charge sheet, no
circumstances are changed and hence, learned APP for the
respondent no.1-State and learned advocate for the respondent
no.2 have requested to dismiss the present appeal.
Having considered the facts of the case, submissions
made by learned advocates for the respective parties as well as
learned APP for the respondent-State, it appears that the
complaint was lodged against the present appellant u/s.
354(A), 447, 342, 114 of the Indian Penal Code and u/s. 3(1)
(W)(1), 3(2)(2)(5-A) of the Scheduled Caste and Scheduled
Tribe (Prevention of Atrocity) Act, 1989. It appears from the
record that the appellant as well as respondent no. 2 are
serving as a teachers in the same school. From the record, it
appears that on 28th June 2021, a complaint was given by the
respondent no.2 with the Mahila Police Station at Palanpur
against the appellant for the harassment by the appellant. At
that time, issue was settled between them and compromise
was arrived at. That, on 13.08.2021, impugned complaint was
filed by the respondent no.2 with the Tharad Police Station. It
appears that thereafter, appellant preferred Criminal Misc.
Application No. 16949 of 2021 before this court for quashing
the impugned FIR which is still pending for hearing. It appears
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
that the appellant was arrested on 27 th August 2021 and sent
to the judicial custody and presently, he is in sub jail at Tharad.
It appears that charge sheet has been filed and thereafter, the
appellant had preferred Criminal Misc. Application No. 308 of
2021 before the court of learned Additional Sessions Judge at
Tharad which was rejected on 29th October 2021. Prima facie
it appears that to attract the provisions of Section 3(1)(w)(1),
3(2)(5-A) of the Atrocities Act, no satisfactory ingredients
made out in the complaint.
Considering the nature and gravity of assertion made
against the appellant and in the facts and circumstances of the
case and considering the nature of allegations made against the
appellant in the First Information Report as well as considering
the role of present appellant in the alleged offence, this Court
is of the considered opinion that this is a fit case to exercise the
discretion in favour of present appellant by enlarging him on
regular bail and hence, the prayer sought for by the present
appellant requires consideration.
Hence, this Court is of the view that present appeal
deserves consideration In the result, present Criminal Appeal is
allowed and the impugned judgment and order dated
29.10.2021 passed by learned Additional District Judge,
Banaskantha at Tharad in Criminal Misc. Application No. 308
of 2021 is hereby quashed and set aside.
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
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;
[f] not enter into Village/city Tharad till further orders.
[g] not contact the respondent no.2 directly or
indirectly, failing which, the respondent no.2 would be at
liberty to approach the competent court for cancellation
of the bail granted by this court.
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,
R/CR.A/1726/2021 ORDER DATED: 28/01/2022
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.
At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court in the present
order. Notice is discharged.
Registry to communicate copy of this order to the
concerned jail authorities as well as concerned Sessions Judge
through Fax/E-mail.
(B.N. KARIA, J)
K. S. DARJI
