Injury Certificate Indicates That Injuries Sustained By Victim Were Simple In Nature: Gujarat HC Grants Bail To BJP MLA’s Son Booked Under SC-ST Act

The bench of Justice MR Mengdey was hearing a Criminal Appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for Regular bail under Section 439 of the Code of Criminal Procedure, 1973, The accused sought regular bail in connection with the FIR for the offences punishable under Section 143, 147, 148, 149, 307, 365, 323, 504, 506(2), 120-B of the Indian Penal Code and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 25(1-B)(A) of the Arms Act.

Advocate PB Khandheria appeared for the Appellant and Advocate Ashish M Dagli appeared for the Respondent.

It is the case of the prosecution that the first informant victim was abducted by Ganesh Jadeja and he was taken to various places where he was beaten up and he was also undressed and his video was also recorded which had been made circular. It is the case of the prosecution that the victim was severely beaten. However, the injury certificate indicates that the injuries sustained by him were simple in nature.

The Court took into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the appellants Accused at the time of Trial etc. and the role attributed to the present appellants and accordingly, allowed the Appeal.