Gujarat High Court
Virat Vijaykumar Acharya vs State Of Gujarat on 31 January, 2022
Bench: B.N. Karia
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1919 of 2021
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VIRAT VIJAYKUMAR ACHARYA
Versus
STATE OF GUJARAT
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Appearance:
MR RAKESH B SHARMA(2521) for the Appellant(s) No. 1
NOTICE SERVED BY DS for the Opponent(s)/Respondent(s) No. 2
MR. HARDIK SONI, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 31/01/2022
ORAL ORDER
1. The appellant preferred Criminal Misc. Application No. 821 of
2021 before the Court of learned 11th Sessions Judge and Special
Judge, Atrocity Cases, Vadodara 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.11197034210001 of 2021 with Padra Police Station, Vadodara
Rural for the offence punishable u/s. 302, 323, 143, 147, 148, 149,
294(b) of the I.P.C and u/s. 3(1)(R), 3(1)(S) and 3(2)(V) of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act,
1989 (for short "the Atrocities Act") as well as u/s. 135 of Gujarat
Police Act wherein, learned 11th Sessions Judge and Special Judge,
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
Atrocity Cases, Vadodara rejected the said application on
26.04.2021
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 and learned APP for
the respondent-State.
4. However, notice was served to the respondent No.2, when the
matter was called out, nobody was appeared to contest this Criminal
Appeal for and on behalf of the respondent No.2.
5. Learned advocate appearing for the appellant submits that
appellant is innocent person and falsely implicated in the said
incident. That there is no prima facie case against the present
appellant and there is no direct evidence against the present
appellant. That no specific role attributed to present appellant. He
further submits that co-accused persons Sujitkumar Bhimsinh
Paramar and others of the same offence have been released by this
Court (Coram: Hon'ble Mr. Justice Umesh A. Trivedi) by common
order dated 02.12.2021 in Criminal Appeal No.902 of 2021. Hence,
it was requested by learned advocate for the appellant to quash and
set aside the impugned judgment and order passed by learned 11 th
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
Sessions Judge and Special Judge, Atrocity Cases, Vadodara and
release the appellant on bail.
6. Learned APP appearing for the respondent-State strongly
objected the submissions made by learned advocate for the appellant
and submitted that prima facie involvement of the present appellant
is established by the prosecution from the case papers. That serious
offence is committed by the present appellant and he is involved in
other three offences. He has referred the affidavit of the
Investigating Officer and submitted that before three different police
stations i.e. Laxmipura Vadodara City and Padra Police Station,
complaints are registered against the present appellant and out of
them, one offence is serious in nature. It is further submitted that in
such a grievous offence, when the presence of the appellant was
established by the prosecution, this Court may not take any lenient
view by enlarging the appellant on bail. Hence, it is requested by
learned APP appearing for the respondent-State to dismiss the
Criminal Appeal.
7. Having considered the facts of the case, submissions made by
learned advocate for the appellant and learned APP appearing for the
respondent-State, it appears from the complaint and papers produced
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
on record, that fatal blows on vital parts of the deceased were given
by the co-accused persons and deceased died due to shock and
hemorrhage following stab injuries to chest and neck to the
deceased. Looking to the complaint and statement of the witnesses,
it appears that none of the witnesses have stated that appellant was
armed with weapon and he had given fatal blows to the deceased nor
any lethal weapon discovered at the instance of the present appellant.
It also appears from the record that co-accused persons Sujitkumar
Bhimsinh Paramar and others of the same offence have been
released on bail by this Court (Coram: Hon'ble Mr. Justice Umesh
A. Trivedi) by common order dated 02.12.2021 in Criminal Appeal
No.902 of 2021. Charge-sheet is already filed and investigation is
over. No further investigation is to be carried out.
8. Considering the peculiar facts and no specific allegations made
against the present appellant in the complaint as well as considering
the fact that four co-accused persons of the same offence are already
released on bail by this Court, prayer made by the present appellant
requires consideration. Hence, this Court is of the view that present
appeal deserves consideration.
9. In the result, present Criminal Appeal is allowed and the
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
impugned judgment and order dated 26.04.2021 passed by learned
11th Sessions Judge and Special Judge, Atrocity Cases, Vadodara in
Criminal Misc. Application No. 821 of 2021 is 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;
10. 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
R/CR.A/1919/2021 ORDER DATED: 31/01/2022
Court to delete, modify and/or relax any of the above conditions, in
accordance with law.
11. 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.
12. This order be communicated to the appellant through Jail
Authorities by the registry as well as learned Sessions Court
concerned.
(B.N. KARIA, J)
SUYASH
