Gujarat High Court
Virambhai Jakharabhai Rabari (Aal) vs State Of Gujarat on 21 January, 2025
NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (REGULAR BAIL) NO. 2196 of 2024
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VIRAMBHAI JAKHARABHAI RABARI (AAL) & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PARAM BUCH WITH JEET V PATEL(8653) for the Appellant(s) No. 1,2
MR HRIDAY BUCH(2372) for the Appellant(s) No. 1,2
MR PITAMBERBHAI ABICHANDANI for MR Y J PATEL(3985) for the
Opponent(s)/Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 21/01/2025
ORAL ORDER
1. Heard learned advocate or the appellant and learned APP for
the respondent – State.
2. Rule. Learned APP waives service of notice of Rule on behalf of
respondent-State.
3. Present appeal is filed under Section 14-A of the Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
(hereinafter referred to as “Atrocity Act”) challenging the
judgment and order dated 09.09.2024 passed by the leaned
Special Judge, (Atrocity) & 3rd Additional Sessions Judge,
Kachchh at Bhachau in Criminal Misc. Application No. 553 of
2024, whereby the Special Judge, (Atrocity) & 3 rd Additional
Sessions Judge, Kachchh at Bhachau rejected the application
filed by the present appellants under Section 483 of the
Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”)
seeking regular bail in connection with FIR being
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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C.R.No.11993001240155 of 2024 registered with Samkhiyali
Police Station, Dist. Kachchh, for the offences punishable
under Sections 302, 307, 324, 325, 294(b), 506(2), 120(B), 143,
147, 148, 149, 120-B, and 34 of the IPC and under Sections 3(1)
(r), 3(1) (s), 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act and Sections
25(1-b)(a) and 27 of the Arms Act and Section 135 of the GP Act.
4. Learned advocate for the appellants has submitted that the
appellants are not involved in commission of offence as alleged
in the FIR and therefore, looking to the role of the appellants
and nature of the allegations, the appellants are required to be
enlarged on regular bail by imposing suitable terms and
conditions.
4.1. Learned advocate for the appellants has submitted that
appellants are arrested on 17.05.2024. It is submitted that
present appellants is innocent and he has falsely enroped in the
offence. Hence, he requested to allow the present appeal. It is
submitted that the allegations levelled against the present
appellants is far from the truth. Investigation is over and
charge-sheet is filed. It is submitted that role attributed to the
present appellants is that he was member of the unlawful
assembly, who armed with the stick and iron pipe. There is no
overt-act on the part of the present appellant. Charge is not yet
framed. Nothing is required to be recovered and discovered
from the accused. Commencement of trial will take its own time.
Trial has not commenced and keeping the accused behind the
bars is nothing but amounts to pre-trial conviction. In aid of
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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Sections 143, 147, 148, 149 of the IPC, the present appellants
arraigned as an accused. Therefore, no purpose would be served
to keep them behind the bar for long time. He is ready and
willing to abide by all the conditions imposed upon them.
5. On the other hand, learned APP Mr.Raval and learned advocate
Mr.Abichandani appearing for the respondent No.2 have
vehemently opposed the appeal on the ground that present
appellants are headstrong person(s). They came along with co-
accused with a common intention and common object to snatch
and dispossess the victims. They are engaged in this activity, and
their livelihood is at stake. They attempted to forcibly take
possession of the said land by hatching a criminal conspiracy in
collusion and connivance with the accused persons. They came
in pre-planned manner, in furtherance of the conspiracy, in
various four-wheelers and made an assault with deadly
weapons, including firearms, iron pipes, and sticks. When the
accused opened fire, one person lost his life, and victims
Mukesh and Valimohammad sustained grievous injuries. They
have also supported the case of the prosecution. However, the
accused caused firearm injuries, hurled abusive and derogatory
language at the complainant and other witnesses, and assaulted
them. It is submitted that sufficient material has been collected
during the investigation. If the accused is/are released, the
possibility of breaching public tranquility and indulging in similar
activities cannot be ruled out, as the applicant(s) has/have a
history of criminal antecedents. They terrorize the people and
attempted to snatch possession from the victim and the
complainant. It is requested that the trial be expedited. It
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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appears that allegations are serious in nature affecting the
society at large and looking to the facts as well as the
allegations made against the appellants, no discretion would be
required to be exercised.
6. While granting bail, the Court has to consider the involvement
of the accused in the alleged offence, the jurisdiction to grant
bail has to be exercised on the basis of the well settled
principles having regard to the facts and circumstances of each
case and the following factors are to be taken into
consideration while considering an application for bail: (i) the
nature of accusation and the severity of the punishment and the
nature of the materials relied upon by the prosecution; (ii)
reasonable apprehension of tampering with the witnesses and
threat to the complainant or the witnesses; (iii) reasonable
possibility of securing the presence of the accused at the time
of trial or the likelihood of his abscondence; (iv) character
behaviour and standing of the accused and the circumstances
which are peculiar to the accused; (v) larger interest of the
public or the State and similar other considerations are required
to be considered.
7. I have heard the learned advocates appearing on behalf of the
respective parties and perused the investigation papers. In
present case, the investigation is over and charge-sheet has
been filed. Following aspects have been considered:
(i) appellants is arrested on 17.05.2024;
(ii) Commencement of trial will take its own time;
(iii) offence is not punishable with life or death;
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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(iv) nothing is required to be recovered and discovered from
the appellants;
(v) Perusing the record, it appears that the applicant(s) is /are
arraigned as accused in aid of Section 143, 147, 148 and
149 of Indian Penal Code, 1860 the applicant is /are
member of the unlawful assemble armed with the deadly
weapon. No any overt-act is emerged from the
investigation papers on the part of the applicant(s) and no
any injury is caused to the any of the witnesses. Whatever
allegations qua used of fire arm is against the co-accused;
(vi) charge-sheet is filed and charge yet to be framed and
prosecution has to examine 110 witnesses, which is cited
in the charge-sheet papers;
(vii) considering the fact that the apprehension raised by the
other-side is concerned, the applicant has created his
terror, then if he/they released on bail, then definitely
they will snatch the possession of the complainant and
witnesses. Therefore, stringent is required to be imposed;
8. This Court has also taken into consideration the law laid down
by the Hon’ble Apex Court in the case of Sanjay Chandra vs.
Central Bureau of Investigation reported in [2012]1 SCC 40 as
well as in the case of Gudikanti Narasimhulu And Ors vs.
Public Prosecutor, High Court of Andhra Pradesh reported in
(1978)1 SCC 240. Obviously, the conclusion of trial will take
time and keeping the accused behind the bars is nothing but
amounts to pre-trial conviction and therefore, considering the
celebrated principle of bail jurisprudence is that “bail is a rule
and jail is exception” as well as the concept of personal liberty
guaranteed under Article 21 of the Constitution of India,
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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present application deserves consideration.
9. In the facts and circumstances of the case and considering the
nature of the allegations made against the appellants in the FIR,
without discussing the evidence in detail, prima facie, this Court
is of the opinion that this is a fit case to exercise the discretion
and enlarge the appellants on regular bail. Hence, the present
application is allowed. The appellants are ordered to be
released on regular bail in connection with FIR being
C.R.No.11993001240155 of 2024 registered with Samkhiyali
Police Station, Dist. Kachchh, on executing a personal bond of
Rs.25,000/- (Rupees Twenty-five Thousand only) each with one
surety of the like amount to the satisfaction of the trial Court
and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the
prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave State of Gujarat without prior permission of the
Sessions Judge concerned;
[e] furnish the UIDAI Number, Contact Number/s, Passport
Number (if he is/they are having the passport), E-mail
address and present address of his residence to the
Investigating Officer and also to the Court at the time of
execution of the bond and shall not change the residence
address as well as contact number without prior permission
of Trial Court;
[f] mark presence before the concerned Police Station between
1st to 10th day of every English calendar month for a period
of six months between 11:00 a.m. and 2:00 p.m.;
[g] not enter into the Kachchh District for a period six
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NEUTRAL CITATION
R/CR.A/2196/2024 ORDER DATED: 21/01/2025
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months except for marking presence before the
concerned police Station and attending the court
proceedings/trial;
[h] not enter into the desert area, till trial is over and not
disturb the complainant and victim/witnesses;
[I] not contact directly or indirectly with the complainant
or any other witnesses;
(j) not indulge in any similar type of activity. I f the
applicants is/are found to be indulged in any illegal activities
in future, the trial Court concerned will be free to issue
warrant and cancel the bail granted to the applicant.
10. The authorities will release the appellants only if they are 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.
11. 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.
12. 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 appellants on bail.
13. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
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