The main legal point established in the judgment is the consideration of the lack of recovery of any article from the appellant and the appellant's criminal antecedents in granting regular bail with specific conditions.

ORDER :

1. The appellant preferred one Criminal Misc. Application No. 80 of 2022 before the Court of learned Additional Sessions Judge and Special Atrocity Judge, Botad 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.11190006210851 of 2021 with Ranpur Police Station, Botad for the offence punishable u/s. 394, 325, 324, 323, 307, 504, 506(2) and 120 (B) of the Indian Penal Code 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, the learned Additional Sessions Judge and Special Atrocity Judge, Botad rejected the said application on 11.02.2022

2. Feeling aggrieved by the said order, the appellant preferred present appeal u/s 14A of the Atrocities Act.

3. Heard learned advocates for the respective parties and learned APP for the respondent-State.

4. Learned advocate for the appellant has submitted that order passed by the learned Special Judge, Botad is against the provisions of law. That name of the present appellant has been given by the complainant only because of business rivalry. That there is not a single evidence of conspiracy is on record, which suggests that present appellant is involved in the offence pursuant to the conspiracy. That complainant is a habitual complainant and he is aware about the procedure of a criminal proceeding, hence to give a colour of seriousness, he had given further statements to the police authority, pursuant to that, offence punishable under Section 307 of I.P.C. was added. That complainant had given a false version of loot of gold chain. It is only for showing the seriousness of crime, he had given statement that this chain has been looted by the accused person. As such, there is no recovery of chain from the accused, hence, the story which has been narrated by the complainant is nothing but a concocted story and to involve the accused in a serious offence, this story has been created. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by learned Additional Sessions Judge and Special Atrocity Judge, Botad and release the appellant on bail.

5. Learned APP appearing for the respondent-State as well as learned advocate appearing for the respondent No.2 have vehemently opposed the submissions made by learned advocate appearing for the appellant and submitted that from the investigating papers itself prima facie involvement of the present appellant is clearly made out by the prosecution. Referring the charge-sheet papers, learned advocate appearing for the respondent No.2 has submitted that present appellant is the master mind of the offence as alleged by the prosecution. That alongwith other co-accused, criminal conspiracy was made by the present appellant and serious injury was caused to the injured, and therefore, complaint was registered. That serious offence is committed by the present appellant along with other co-accused, and therefore, no lenient view can be taken by this by this Court. Hence, it is requested by both of them to dismiss the present criminal appeal.

6. Having heard learned advocates appearing for the respective parties and learned APP appearing for the respondent-State, it appears that on 25.12.2021 at 3 o’ clock, complainant was sleeping at his house. At that point of time, there was a phone call from Rafiqbhai. Rafiqbhai had informed that for selling of truck (dumper), you please come at Raviraj Hotel, hence, the complainant went near Raviraj Hotel. After reaching there, he had called Rafiqbhai. Pursuant to that, Rafiqbhai had informed that he is at Vrundavan Hotel. So, the complainant went to Vrundavan Hotel and they were sitting there. At that point of time, one white car had come. From the car, Ramabhai Boliya and Lalabhai Boliya had come down. Both were h