Gujarat High Court
Chetan Ishwarbhai Vala vs State Of Gujarat on 18 September, 2024
NEUTRAL CITATION
R/CR.A/1846/2024 ORDER DATED: 18/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ANTICIPATORY BAIL) NO. 1846 of 2024
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CHETAN ISHWARBHAI VALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ANAND S TAILOR(9021) for the Appellant(s) No. 1
MR SP KOTIA(5687) for the Opponent(s)/Respondent(s) No. 2
MS. AAKANKSHA SHAH(16365) for the Opponent(s)/Respondent(s) No. 2
MR. UTKARSH SHARMA, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 18/09/2024
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor
waives service of notice for and on behalf of the
respondent State.
2. By way of the present application under
Section 14(A) of the Scheduled Cast and
Scheduled Tribes (Prevention of Atrocities) Act,
1989, the applicant-accused has prayed for
enlarging the Applicant on anticipatory bail in
connection with the FIR be i ng C. R.
No . 1 1 1 9 8 0 0 6 2 4 1 1 4 2 of 2024 registered wit h
Ghogharoad Police Station, District - Bhavnagar
for the offence punishable under Sections 3(1)
(r), 3(1)(s), 3(1)(za)E and 3(2)(va) of the
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Scheduled Cast and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 and Section 352 and
351(2) of the Bhartiya Nyay Sanhita.
3. Learned Advocate for the Applicant has
submitted that the Applicant is apprehending
arrest in connection the aforesaid FIR and in
this connection the earlier application filed by
the Applicant before the learned Sessions Court
came to be dis-allowed. Learned advocate for the
applicant has submitted that considering the
facts stated in the Application, the applicant
may be granted anticipatory bail.
4. Learned Additional Public Prosecutor
appearing on behalf of the respondent - State
has opposed grant of anticipatory bail looking
to the nature and gravity of the offence. He
submitted that the present applicant had hurled
abuses upon the first informant based upon his
caste. Learned APP has, therefore, prayed that
the present Application may be dismissed.
5. Learned advocate Mr. S. P. Kotia appearing
for the original complainant has also opposed
grant of the present application inter-alia
contending that the present applicant had been
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opposing redevelopment of the building wherein
the first informant and present applicant were
residing and had been continuously threatening
the other residence of building and had also
threatened to neighbour of dire consequences. He
has also submitted that if the applicant is
enlarged on bail, there are all chances that the
applicant may create untoward situation. He has,
therefore, submitted to dismiss the present
application.
6. Heard learned Advocates for the parties
the arguments advanced by the learned advocates
for the parties and perused the material
available on record.
7. As per the case of prosecution, the
present applicant is alleged to have hurled
abuses which were meant for insulting the first
informant on the basis of his caste. Except this,
no other overt act has been attributed to the
present applicant in commission of present
offence. Taking into consideration the facts of
the case, nature of allegations, gravity of
offence and the role attributed to the accused,
this Court i s inclined to grant anticipatory
bail to the applicant.
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8. This Court has considered following
aspects,
(a) as per catena of decisions of Hon'ble
Supreme Court there are mainly two factors
which are required to be considered by this
court;
(i) prima facie case
(ii)requirement of accused for
custodial interrogation.
Therefore, in the facts and circumstances
of the present case, this court is inclined to
consider the case of the applicant.
9. This Court has also taken into
consideration the law laid down by the Hon'ble
Apex Court in the case of Siddharam Satlingappa
Mhetre Vs. State of Maharashtra and Ors.,
reported at [2011] 1 SCC 694, wherein the Hon'ble
Apex Court reiterated the law laid down by the
Constitution Bench in the case of Shri Gurubaksh
Singh Sibbia & Ors. Vs. State of Punjab,
reported at (1980) 2 SCC 565. Further, this
Court has also taken into consideration the ratio
laid down in the case of Sushila Aggarwal and
Ors. v. State (NCT of Delhi) and Anr. in Special
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Leave Petition No. 7281-7282/2017 dated
29.01.2020.
9.1 This court has also considered the
judgment in the case of Arnesh Kumar v. State of
Bihar reported in (2014) 8 SCC 273, wherein the
Hon'ble Apex Court has observe that whenever
there is punishment of 7 years, then the court
would be liberal to exercise the discretion.
Further, by exercising the discretion under
Section 14(A) of the SCST, 1989 the doors of
remand by the Investigating Officer is open and
therefore also this court is inclined to exercise
powers under Section 14(A) of the SCST, 1989.
10. In the result, the present application is
allowed. The applicant is ordered to be released
on anticipatory bail in the event of arrest in
connection with the aforesaid F.I.R. on
executing a personal bond of Rs.10,000/- with
one surety of like amount on the following
conditions;
(a) shall cooperate with the
investigation and make available for
interrogation whenever required;
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(b) shall remain present at concerned
Police Station on 25 .0 9. 2 0 24 between
12.00 Noon and 2.00 p.m.;
(c) shall not directly or indirectly make
any inducement, threat or promise to any
person acquainted with the fact of the
case so as to dissuade him from disclosing
such facts to the court or to any police
officer;
(d) shall not obstruct or hamper the
police investigation and not to play
mischief with the evidence collected or
yet to be collected by the police;
(e) shall at the time of execution of
bond, furnish the address to the
investigating officer and the court
concerned and shall not change residence
till the final disposal of the case till
further orders;
(f)shall not leave India without the
permission of the concerned trial court
and if having passport shall deposit the
same before the concerned trial court
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within a week; and
11. At the trial, the concerned trial court
shall not be influenced by the prima facie
observations made by this Court in the present
order.
12. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(M. R. MENGDEY,J)
NABILA
