Learned High Court Government Pleader takes notice for the

respondent/State.

This petition is filed by the petitioners/accused Nos.1 to 3

under Section 439 of the Code of Criminal Procedure, 1973

(hereinafter referred to as ‘Cr.P.C.’ for brevity) for granting

anticipatory bail in Crime No.89/2022 registered by the Vidyanagar

Police Station, for the offence punishable under Sections 307, 323,

324, 341, 143, 147, 148, 504 and 506 read with Section 149 of the

Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for

brevity).

3

2.

Heard the arguments of the learned counsel appearing

for the petitioners and the learned High Court Government Pleader

for the respondent/State.

3.

The case of the prosecution is that, on the complaint of

one Supreet Dalavai, the police registered the case. It is alleged by

him in his complaint that, on 26.06.2021 himself and his friends

namely Prajwal Pandurang Patil and Aditya Choute went to Silver

Stone Bar and Restaurant for having lunch and consuming liquor at

about 1:00 pm and when they ordered and were consuming

alcohol, it was about 3:30 pm and they were talking loudly. The

adjacent table customers told them not to speak loudly and to talk

in a low voice. Therefore, there was a quarrel between them. At

that time, petitioner No.1 is said to be the Manager and others

servers of the said Bar and Restaurant assaulted the complainant

and his friends with an intention to commit murder and they also

stated to have closed the door of the Bar and Restaurant and

assaulted complainant brutally. After registering the case, the

police making hectic efforts to arrest the petitioners, approached

4

learned Sessions Judge seeking anticipatory bail which came to be

rejected. Hence, the petitioners are before this Court.

4.

Learned counsel for the petitioners contended that the

there was no intention or motive to commit murder of the

complainant. In fact, the quarrel took place between two customers

and the petitioners went to pacify them but the complainant and his

friends themselves raised voice and have broken the glasses and

tables and assaulted accused No.3. Therefore, a case is registered

in the same Police Station in Crime No.87/2022 on 26.06.2022 and

as a counter blast the present complaint has been filed by the

complainant on 27.02.2022. There are no serious injuries sustained

by the complainant. The petitioners are ready to abide any

conditions. The ingredients of Section 307 of IPC are not attracted.

Hence, prayed for granting anticipatory bail.

5.

Per contra, learned High Court Government Pleader

seriously objected and prayed for dismissal of the petition.

6.

Having heard the learned counsel for the parties,

perused the records.

5

7.

Admittedly, Petitioner No.1 is the Manager of the Silver

Stone Bar and Restaurant. The complainant and his friends went to

the bar for having lunch and consuming alcohol. During that time,

the complainant and his friends were talking loudly. At that time,

the neighboring table customers told them to speak slowly and not

to disturb. Hence, a quarrel took place and as per the complaint by

the owner of the Bar and Restarurant, it reveals that, the

complainant and his party caused mischief by breaking the glasses

and tables in the Bar and Restaurant. At this stage, these accused

persons said to have thrown the complainant out of the Bar and

Restaurant by beating them.

8.

Considering the facts and circumstances of the case and

registration of the case and a counter case and that the

complainant and his friends were in a drunken state, it cannot be

said that, with an intention to commit murder, they assaulted the

complainant and party. In fact, the incident took place when the

complainant and his party picked up a quarrel by breaking the glass

and tables of the Bar and Restaurant. Therefore, considering this

aspect, without expressing any opinion on the merits of the case,

6

by imposing certain stringent conditions, if bail is granted, no

prejudice would be