ORDER : 1. The appellant preferred one Criminal Misc. Application No. 80 of 2022 before the Court of learned Additional Sessions Judge and Special Atrocity Judge, Botad u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide C.R. No.11190006210851 of 2021 with Ranpur Police Station, Botad for the offence punishable u/s. 394, 325, 324, 323, 307, 504, 506(2) and 120 (B) of the Indian Penal Code and u/s. 3(1)(r), 3(1)(s) and 3(2)(v) 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 Additional Sessions Judge and Special Atrocity Judge, Botad rejected the said application on 11.02.2022 2. Feeling aggrieved by the said order, the appellant preferred present appeal u/s 14A of the Atrocities Act. 3. Heard learned advocates for the respective parties and learned APP for the respondent-State. 4. Learned advocate for the appellant has submitted that order passed by the learned Special Judge, Botad is against the provisions of law. That name of the present appellant has been given by the complainant only because of business rivalry. That there is not a single evidence of conspiracy is on record, which suggests that present appellant is involved in the offence pursuant to the conspiracy. That complainant is a habitual complainant and he is aware about the procedure of a criminal proceeding, hence to give a colour of seriousness, he had given further statements to the police authority, pursuant to that, offence punishable under Section 307 of I.P.C. was added. That complainant had given a false version of loot of gold chain. It is only for showing the seriousness of crime, he had given statement that this chain has been looted by the accused person. As such, there is no recovery of chain from the accused, hence, the story which has been narrated by the complainant is nothing but a concocted story and to involve the accused in a serious offence, this story has been created. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by learned Additional Sessions Judge and Special Atrocity Judge, Botad and release the appellant on bail. 5. Hence, it was requested by learned advocate for the appellant to quash and set aside the impugned judgment and order passed by learned Additional Sessions Judge and Special Atrocity Judge, Botad and release the appellant on bail. 5. Learned APP appearing for the respondent-State as well as learned advocate appearing for the respondent No.2 have vehemently opposed the submissions made by learned advocate appearing for the appellant and submitted that from the investigating papers itself prima facie involvement of the present appellant is clearly made out by the prosecution. Referring the charge-sheet papers, learned advocate appearing for the respondent No.2 has submitted that present appellant is the master mind of the offence as alleged by the prosecution. That alongwith other co-accused, criminal conspiracy was made by the present appellant and serious injury was caused to the injured, and therefore, complaint was registered. That serious offence is committed by the present appellant along with other co-accused, and therefore, no lenient view can be taken by this by this Court. Hence, it is requested by both of them to dismiss the present criminal appeal. 6. Having heard learned advocates appearing for the respective parties and learned APP appearing for the respondent-State, it appears that on 25.12.2021 at 3 o’ clock, complainant was sleeping at his house. At that point of time, there was a phone call from Rafiqbhai. Rafiqbhai had informed that for selling of truck (dumper), you please come at Raviraj Hotel, hence, the complainant went near Raviraj Hotel. After reaching there, he had called Rafiqbhai. Pursuant to that, Rafiqbhai had informed that he is at Vrundavan Hotel. So, the complainant went to Vrundavan Hotel and they were sitting there. At that point of time, one white car had come. From the car, Ramabhai Boliya and Lalabhai Boliya had come down. Both were having iron pipes and assaulted on the complainant. Blows have been given on legs, hence, the complainant had fallen down. Lalabhai Boliya had taken out knife and tried to give a blow to the complainant. The complainant had resisted the same, hence, he got injury near the thumb and also got injury on right side chest. Lalabhai Boliya had told him that I had already done one murder and today I want to kill you. Lalabhai Boliya had taken out knife and tried to give a blow to the complainant. The complainant had resisted the same, hence, he got injury near the thumb and also got injury on right side chest. Lalabhai Boliya had told him that I had already done one murder and today I want to kill you. It has been also stated by Lalabhai Boliya that my uncle Bhimbhai had told you not to take a mining lease of sand even though you made an application. Thereafter, he had abused the complainant with derogatory words. Ramabhai Boliya had abused the complainant and had taken his gold chain worth Rs.1,60,000/- and both had threatened the complainant. At that point of time, Mehulbhai Valjibhai Chavda and Prafulbhai Tulsibhai Rathod residents of Ranpur had come there and saved the life of the complainant, then after, both the accused had gone in car. The complainant had went to CHC Ranpur and thenafter, shifted in Shabiha Hospital, Botad. Hence, the complaint has been lodged by the complainant in the hospital. 7. It further appears from the case papers produced on record that after lodging of the FIR, investigation was started by the Investigation Agency and report was submitted to the learned Additional Sessions Judge for adding Section 307 of the I.P.C. by letter dated 26/27.12.2021. It further appears that investigation was completed by the Investigating Agency and charge-sheet was filed on 29.01.2022. From the medical case papers and M.L.C. certificate issued by the Referral Hospital and Community Health Centre, Ranpur, Botad, it appears that in a history, name of the present appellant was not given by the injured person. Admittedly, injured person is discharged from the hospital and he is out of danger. 8. It further appears from the case papers that there is no recovery of any article from the present appellant. Looking to the criminal antecedents of the present appellant as six offence are registered against the present appellant and out of them, four offences are related to theft of mines and minerals and two offence are related to I.P.C., this Court is of the considered view that prayer made by the present appellant can be considered with conditions. 9. In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 11.02.2022 passed by learned Additional Sessions Judge and Special Atrocity Judge, Botad in Criminal Misc. 9. In the result, present Criminal Appeal is allowed and the impugned judgment and order dated 11.02.2022 passed by learned Additional Sessions Judge and Special Atrocity Judge, Botad in Criminal Misc. Application No. 80 of 2022 is hereby quashed and set aside. The appellant is ordered to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that appellant 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] not enter into Dist-Botad for a period of six months except to mark his presence before the court concerned as and when required; [f] 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; 10. The authorities will release the appellant only if he is 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. 11. 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. 12. This order be communicated to the applicant through Jail Authorities by the registry as well as learned Sessions Court concerned.