JUDGMENT : B.N. Karia, J. 1. The appellants preferred one Criminal Misc. Application No. 733 of 2021 before the Court of learned 2nd Additional Sessions Judge, Ankleshwar requesting to enlarge the appellants on regular bail on account of offence being registered vide C.R. No. 11199028211417 of 2021 with Jhagdiya Police Station, Bharuch for the offence punishable u/s. 143, 447, 427, 504, 506(2) and 120(B) of the Indian Penal Code and u/s. 3(1)(r), 3(1)(s) and 3(2)(5-a) 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 2nd Additional Sessions Judge, Ankleshwar rejected the said application on 16.12.2021. 2. Feeling aggrieved by the said order, the appellants preferred present appeal u/s. 14A of the Atrocities Act. 3. Heard learned advocate for the appellants and learned APP for the respondent-State. 4. Learned advocate for the appellants has submitted that the impugned judgment and order is contrary to law and evidence on record and the appellants are absolutely innocent persons and have not committed any of the alleged offence and there is no prima facie case against the appellants. It is further submitted that the appellants have not committed alleged offence neither the appellants have devastated and demolished and thereby, occurred any loss to the respondent no. 2 nor has played any role in furtherance to the commission of the alleged offence and the appellants have not played any role in the commission of the alleged offence. It is further submitted that on bare perusing the allegations in the FIR, it appears that nobody has seen the appellants committing the alleged offence and the respondent no. 2 has not levelled such allegations against the appellants. It is further submitted that the FIR filed under the Atrocity Act is the gross misuse of the benefits, which have been granted in favour of the reserved category by the Government. Hence, it was requested by learned advocate for the appellants to quash and set aside the impugned judgment and order dated 16.12.2021 passed by learned 2nd Additional Sessions Judge, Ankleshwar and release the appellants on bail and to allow this appeal. 5. Learned APP for the respondent-State as well as learned advocate for the respondent no. Hence, it was requested by learned advocate for the appellants to quash and set aside the impugned judgment and order dated 16.12.2021 passed by learned 2nd Additional Sessions Judge, Ankleshwar and release the appellants on bail and to allow this appeal. 5. Learned APP for the respondent-State as well as learned advocate for the respondent no. 2 have strongly opposed the submissions made by learned advocate for the appellants and submitted that chargesheet was filed on 15.02.2022, and therefore, this appeal preferred by the present appellants is not maintainable. It is further submitted that involvement of the present appellants is clearly made out from the chargesheet papers during the investigation. Considering the seriousness of the offence, it is submitted that prima facie appellants are involved in the offence. Hence it is requested by learned APP for the respondent-State to dismiss this appeal. 6. It appears from the record that on 27.01.2022, Registry of this Court has received a report from the learned In-charge 5th Additional Sessions Judge, Bharuch dated 24.01.2022 confirming that notice issued by this Court was communicated to Dineshbhai Ravjibhai and had taken signature on the writ as per the report of Jhagadiya Police Station, Bharuch, Dist.: Bharuch. On the last occasion, on 10.02.2022 also, the respondent no. 2 was not appeared, however, rule was served to him. Today also, nobody has appeared on behalf of the respondent no. 2 to contest this appeal. 7. Having considered the facts of the case, submissions made by learned advocate for the appellants as well as learned APP for the respondent-State, it appears that as per the case of the prosecution, it is inter alia alleged that as the respondent no. 2 wanted to set-up a RMC (Ready Mix Concrete) plant thus for the same, the respondent no. 2 had purchased the machinery required for the same which was worth Rs. 65 lakhs, diesel generator worth Rs. 1 lakh, container cabin worth Rs. 2.25 lakhs and control cabin worth Rs. 1 lakh, thus, in all, the respondent no. 2 has invested the total amount of around Rs. 77,25,000/- for the aforesaid required goods and materials and have kept the same on his land situated at Khata No. 185, Block No. 185, on the border of Village Outiya. On 28.08.2021, the respondent no. 2.25 lakhs and control cabin worth Rs. 1 lakh, thus, in all, the respondent no. 2 has invested the total amount of around Rs. 77,25,000/- for the aforesaid required goods and materials and have kept the same on his land situated at Khata No. 185, Block No. 185, on the border of Village Outiya. On 28.08.2021, the respondent no. 2 along with his partners had arranged as meeting for the establishment of the said RMC plant, thereafter, when they were going towards the house of one Kuljeet Vasava in his new Mahindra car, at that time, on the way, the original accused nos. 1 to 4 and other 5-6 persons stopped them and allegedly beaten and looted them against which the FIR was registered with Ankleshwar Rural Police Station for the offences under Sections 395, 397, 120B and 341 of the Indian Penal Code as well as Section 135 of the Gujarat Police Act and Section 3(2)(v) of the Atrocities Act, and when the same came to the knowledge of the original accused persons, the original accused persons came to the aforesaid land of the respondent no. 2 where the goods and materials for RMC plant were kept with one truck and one Tata Hitachi Machine bearing Registration No. GJ-16-BS-0148, and allegedly, devastated and demolished the same pursuant to which losses to the tune of Rs. 40-50 lakhs had occurred to the respondent no. 2, and thus, it is alleged that original accused persons, on connivance with each other, have committed the alleged offence. With the aforesaid and other allegations, FIR is registered against the accused persons. It also appears that from the chargesheet papers also, there is no material against the present appellants to show that the offence as alleged in the FIR is being committed by the present appellants. The allegations made in the FIR are general and vague in nature. It also appears that names of the present appellants are shown in the FIR and no specific or any other allegations are made in the entire FIR. Appellant nos. 2 and 4 are from Vasava Community as per the submission made by learned advocate for the appellants and they are falling under the Scheduled Castes and Scheduled Tribes and there is no prima facie case against the present appellants and the appellants are arraigned as an accused merely on the basis of the suspicious. Appellant nos. 2 and 4 are from Vasava Community as per the submission made by learned advocate for the appellants and they are falling under the Scheduled Castes and Scheduled Tribes and there is no prima facie case against the present appellants and the appellants are arraigned as an accused merely on the basis of the suspicious. From the FIR, it also appears that nobody has seen the appellants to commit the alleged offence and the respondent no. 2 has not levelled such allegations against the appellants. Looking to the nature of the offence and participation of the present appellants in the alleged offence and considering the nature and gravity of assertion made against the appellants and in the facts and circumstances of the case and considering the nature of allegations made against the appellants in the First Information Report as well as considering the role of present appellants in the alleged offence, this Court is of the considered opinion that this is a fit case to exercise the discretion in favour of present appellants by enlarging them on regular bail and hence, the prayer sought for by the present appellants requires consideration. Hence, this Court is of the view that present appeal deserves consideration. In the result, prayer sought for by the appellants in Para-9(A) stands granted and present Criminal Appeal is allowed and the impugned judgment and order dated 16.12.2021 passed by the Court of learned 2nd Additional Sessions Judge, Ankleshwar in Criminal Misc. Application No. 733 of 2021 shall be quashed and set aside. The appellants are ordered to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- each with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that appellants shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the concerned Trial Court; [e] furnish the present address of residence to the Investigating officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court; 8. The authorities will release the appellants only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 9. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. Notice is discharged. 10. Registry is directed to send a copy of this order to the concerned Jail Authority as well as Sessions Court concerned through fax forthwith.