Gujarat High Court Grants Bail To Five Congress Workers Arrested In Alleged Stone-Pelting Incident At GPCC Office

The Gujarat High Court on Friday granted bail to five Congress workers arrested in a case of stone-pelting at the Gujarat Pradesh Congress Committee (GPCC) office in the Paldi area of Ahmedabad.

The workers—Harsh Parmar, Vimal Pansara, Manish Thakor, Sanjay Barot, and Mukesh Datania—had initially failed to secure bail from the lower court and subsequently filed a petition in the High Court.

Justice MR Mengdey noted, “Having heard the learned Advocates for the parties and perusing the record produced in this case as well as taking into consideration the facts of the case, nature of allegations, gravity of accusation, availability of the Applicants Accused at the time of Trial etc. and the role attributed to the present Applicants accused, the present Application deserves to be allowed and accordingly stands allowed.”

“This Court has also gone through the FIR and police papers and also the earlier order passed by the learned Sessions Court where the learned Sessions Judge has disallowed the bail Application at initial stage. The Applicants Accused are ordered to be released on bail in connection with the aforesaid FIR on executing a personal bond of Rs.10,000/- each with one surety of the like amount to the satisfaction of the trial Court,” Justice Mengdey ordered.

The applicants filed for regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, connected to an FIR registered with Ellisbridge Police Station, Ahmedabad. They face charges under Sections 189(2), 191(2), 191(3), 190, 125(b), 121(2), 121(1) of the Bharatiya Nyaya Sanhita, 2023.

The applicants' advocate argued that they have a good reputation and that keeping them in jail serves no useful purpose. They expressed readiness to comply with any court-imposed conditions. Conversely, the Additional Public Prosecutor opposed the bail, highlighting the ongoing investigation and the accused's active participation in the incident, including assaulting police personnel.

The government lawyer opposed their bail, citing their presence at the scene with weapons and injuries sustained by five policemen during the incident. The prosecution presented video evidence of their involvement. However, Justice MR Mengdey granted the bail, noting the nature of the allegations, the gravity of the accusation, and the accused's availability for trial.

The court observed, “Some clash had taken place between the two political groups. The present Applicants, who belonged to one political group, are alleged to have been present at the scene of offence and are alleged to have assaulted the police personnels who were performing their duties.”

“Total five police personnels had sustained injuries, out of which one had received injury of fracture whereas the other police personnels had received simple injuries. Having regard to the role attributed to the present Applicants, the Application deserves consideration,” the Court further observed.

It noted that five police personnel were injured, one with a fracture and others with simple injuries.

The court highlighted the Supreme Court's guidelines, emphasising the need to consider the prima facie case, the availability of the accused at the time of trial, and the potential for tampering with witnesses. Taking into account these factors, the court directed the release of the five accused on a bail bond of Rs 10,000 each.

Case Title: Harsh Ishwarbhai Parmar & Ors. Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 94

Click Here To Read Judgement