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2021 Supreme(SC) 316

SANJAY KISHAN KAUL, HEMANT GUPTA
Dharmesh @ Dharmendra @ Dhamo Jagdishbhai @ Jagabhai Bhagubhai Ratadia – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant(s) :Aastha Mehta, Tushar Gokani, Vishakha, Atul Kumar, Advocates
For the Respondent(s):Aniruddha P. Mayee, Advocate

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. An unfortunate incident took place on 10.11.2019, which is alleged by the complainant to be caused by certain members of his caste providing assistance to the police which resulted in a free fight where the appellants herein were also present. Two persons succumbed to their injuries and an FIR was registered on 11.11.2019 with the Amreli Police Station against 13 persons, being CR No. I-94 of 2019 under Sections 302, 307, 324, 323, 506(2), 504, 143, 144, 147, 148, 149, 120B and 34 of the IPC as well as Section 135(ii) of the Gujarat Police Act. In pursuance of the investigations charge-sheet was filed in the Court. A counter FIR was also filed on 11.11.2019, being I-95/2019 against the complainant and other witnesses under Sections 324, 323, 504, 506(2), 143, 144, 147, 148 and 149 of the IPC as well as Section 135(ii) of the Gujarat Police Act.

2. The appellants before us were arrayed as Accused Nos. 12 and 13 and were arrested on 11.11.2019. Upon applying for bail, in terms of the impugned judgment dated 15.12.2020, bail was granted to them. However, they are aggrieved by the condition imposed on them for bail, requiring them to deposit Rs. 2.00 l


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