1 ABA : 509/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.509 OF 2011 Uttam Patel & Anr. .... Applicants Vs. Union Territory of Dadra & .... Respondent Nagar Haveli. Mr. B.D. Joshi, Advocate for applicants. Mr. D.A. Nalawade, Advocate for respondent no.1. Mr. S.V. Marwadi, Advocate for complainant. Coram : Smt. R.P.SondurBaldota, J. Date : 11th July, 2011 P.C. 1. The applicants herein file this application for anticipatory bail apprehending their arrest in connection with C.R. No. 21 of 2011 for the offences punishable under Sections 143, 147, 148, 149, 120(B), 307 and 506 Indian Penal Code registered with Silvassa Police Station. The applicants belong to Bhartiya Janata Party. In the month of January 2011, the general election for Silvassa Municipal Council was declared and the voting was to take place on 30th January 2011. Along with the candidates from other political parties, the candidate 2 ABA : 509/2011 of Bhartiya Janata Party, one Dimple Chauhan was contesting the election. The party organised a public meeting for the purpose of canvassing, on 24th January 2011 at about 7.30 pm.. On the same day, at about 9.30 hrs., one Vikrambhai Parmar, President of Congress Party, Dadra and Nagar Haveli, Silvassa complained to the Police that at about 8 pm., he along with other members of Congress Party including Ex-M.P., Mohanbhai Delkar were conducting door-to-door meeting in Indira Nagar area in support of the candidate of his party. At that time, M.P., Natubhai Patel belonging to BJP shouted Maro, Maro and incited the supporters to assault the complainant. “ ” Shri Natubhai is alleged to have said that the Congress President, Vikarambhai and Mohanbhai Delkar would not be left alive. The attackers wielded hockey sticks, iron rods, sword and sharp weapons. In the assault, the complainant received an injuries to his ear and head. 2. The applicant disputes the alleged incident. In any case, according to him, the place of the alleged incident is at the distance of about 150 mtrs. from the place of the public meeting. Therefore there was no question of any call being given by Natubhai Patel from the public meeting. 3. Mr. Nalawade, has produced on record the injury certificates issued 3 ABA : 509/2011 by Shri Vinoba Bhave Civil Hospital of Dadra and Nagar Haveli, Silvassa. Perusal of the injury certificate shows that the injuries sustained barring a couple, are simple injuries of abrasion. Considering the allegations that a mob had attacked the complainant and others with the weapons like iron rod, sword, hockey sticks and gupti, it would be difficult to believe that the only injuries sustained in the attack were of simple injuries of abrasion over different parts of the body. The incident appears to be more of a political gimmick than a serious incident. The applicant therefore deserves pre-arrest bail. 4. Mr. Nalawade however, seeks to argue that the charge sheet has already been filed and it is necessary for the applicants file an application for regular bail. He also makes a grievance that the applicants have been absconding since the date of incident i.e. 24th January 2011. Learned counsel for the applicants points out that there is the record to indicate that the applicants were very much present at the same place and had participated in various political activities. Considering the facts and circumstances of the case, it is obvious that no custodial interrogation of the applicants is required. Also there is no apprehension of the availability of the applicants for the trial. In these circumstances, the application is allowed. In the 4 ABA : 509/2011 event of their arrest in C.R. No. 21 of 2011, registered at Silvassa Police Station, the applicants be released on bail in the sum of Rs. 25,000/- each with one or two solvent sureties each in the like amount. The applicant shall attend Silvassa Police Station as and when required by the Police. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him for disclosing such facts to the Court or to any police officer. The applicant shall not leave India without the previous permission of the Court. (Smt. R.P. SondurBaldota, J)