Question

What was the hardik bharatbhai patel issue?

Answer 1

1. The present two applications, which have been filed by the same accused under

Section 439 of the Code of Criminal Procedure, 1973

(hereinafter referred to as ‘the Code’) praying for releasing him on bail during the pendency of the trial, were heard simultaneously since the applicant is facing almost same charges for two different offences though registered at two different Police Stations on different dates. Hence, the same are being disposed of by this common judgment and order.

2. In Criminal Misc. Application No.6440 of 2016, the applicant has prayed to release him on regular bail in connection with an offence registered as I C.R. No.90 of 2015 with DCB Police Station, Ahmedabad for which he is facing charge under Sections 121A, 124A and 120-B of Indian Penal Code etc..

3. In Criminal Misc. Application No.6873 of 2016, the applicant has prayed to release him on regular bail in connection with an offence registered as I C.R. No.135 of 2015 with Amroli Police Station, Dist. Surat for which he is facing charge under Sections 124A, 115 and 201 of Indian Penal Code etc..

4. As stated herein above, both these applications were argued by learned advocate appearing for the respective parties relying upon the material collected by the Investigating Agency.

5. The facts emerge on record from the material gathered by both the Investigating Agency reveal as under :-

5.1 The present applicant and other persons, namely, Dinesh Bhagwanbhai Bamaniya, Chirag Bharatbhai Patel, Ketan Lalitbhai Patel, Alpesh Ghanshyambhai Kapetiya, Amrishkumar D. Patel who belonged to Patel community of State of Gujarat formed an organization in the month of June / July 2015 and the same was named as ‘Patidar Anamat Andolan Samiti’ (hereinafter referred to as ‘PAAS’) to seek status of other backward class for Patel (Patidar) community and to get reservation in Government jobs and educational institutions under the quota meant for other backward classes (OBC). Some public gathering and demonstration were held at different places of Gujarat in the month of July and August, 2015. At some places, there was scuffle between the members of the gathering and police party and offences were registered against several members of Patidar community. Several rallies were organized by PAAS at different cities and a huge rally was organized by PAAS on 17.8.2015 at Surat wherein about 3 Lacs people gathered. The demand of Patidar community was to include them in the OBC since most of their community people are poor farmers, economically backward and most of them are residing in villages.

5.2 The present applicant who was the convener of PAAS organized a rally which was named as ‘Mahakranti Sabha’ on 25.8.2015 at Ahmedabad. The said sabha / rally was organized at GMDC Ground, Ahmedabad wherein Lacs of people from Patidar community, who were supporting the demand of PAAS, remained present. The applicant as well as other persons addressed the rally and prepared their demand by a written memorandum. Speeches were delivered by different persons including the present applicant who led the rally being the convener of the PAAS.