Gujarat High Court Grants Bail To BJP MLA's Son Booked Under Atrocities Act

The Gujarat High Court on Thursday (October 3) granted regular bail to BJP MLA Geetaba Jadeja's son- Ganesh Jadeja, who is booked under the Atrocities Act, Arms Act and various provisions of the IPC for abducting and assaulting a member of the Scheduled Caste community.

Ganesh was in custody since June 2024 on allegations of rioting, abduction, criminal intimidation and attempt to murder. He is also booked for intentionally insulting a member of SC community in public view and was previously denied bail by the Sessions Court. Others involved in the FIR had also approached the High Court for bail in appeal under SC/ST Act, along with Ganesh.

The Assistant Public Prosecutor, while opposing the bail, submitted that Ganesh is a highly influential person and is politically active as his father has been MLA of the ruling party of the State and at present, his mother is also a BJP MLA. APP further submitted that all appellants were fully aware that victim belongs to SC community. The complainant's counsel also opposed bail, contending that there was an "active participation" of all the appellants in the crime.

However, a single bench of Justice MR Mengdey granted bail considering the injury certificate which indicated that the injuries sustained by the complainant were simple in nature. It referred to the principles for grant of bail enunciated by the Supreme Court in Sanjay Chandra v. C.B.I. (2012) and also considered that appellants' counsel had submitted that they are not likely to flee away.

Appellants have been restrained from entering the district where the complainant had lodged the FIR and they have been asked to file affidavits, stating their immovable properties.

The Trial Court will be free to issue a warrant in case of breach of bail conditions, the High Court clarified and allowed the appeal.

Case Title: Jyotiradityasinh @ Ganesh Jayrajsinh Jadeja (Garasiya Darbar) & Ors. v/s State of Gujarat & Ors.

LL Citation: 2024 LiveLaw (Guj) 149

Click Here To Read Order