PANAJI
The Bombay High Court at Goa has granted bail to Chotu Pal and Rahul Rathod -- the two accused in the gang attack on Souza Lobo restaurant at Calangute on December 28, 2021.
The duo, who have spent nine months in jail, were granted bail on grounds that they were not seen in the footage of the incident and the fact that they have already spent nine months in jail awaiting trial.
“In the CCTV footage, the Applicants herein [i.e. Chotu Pal and Rahul Rathod] are conspicuously absent…. In between, the statements of all other witnesses have also been recorded and none have identified Chotu Pal. As far as Rahul Rathod is concerned, he has not been identified by any other witness, other than Aditya Rawool. There is no test identification parade and no incriminating evidence recorded against these Applicants,” Justice B P Colabawala, said.
“When one looks at all these facts, coupled with the fact that Chotu Pal has already been incarcerated for nine months, I am clearly of the view that he is entitled to bail subject to stringent conditions being imposed on him,” the Judge said.
“The other mitigating factor, and of which I cannot lose sight of, is that Rahul Rathod has been incarcerated since 29.12.2021 and no specific role has been attributed to Rahul Rathod at the time of the commission of the offence. Though strictly speaking, attributing a specific role to a person may not be necessary when he is charged under Section 149 of the IPC, it is certainly a factor which ought to be taken into consideration at the time of granting bail. In these circumstances, I am of the opinion that even Rahul Rathod ought to be enlarged on bail,” the High Court said.
The incident dates back to December 2021 when at around 9:30 pm, while Anup Tripathi the manager was at the reception counter at Souza Lobo Bar and Restaurant, Calangute, a group of 30 to 40 persons gathered outside the entrance of the Restaurant, seen equipped with hockey sticks, wooden dandas, iron rods and chopper knife entering at the Souza Lobo Bar and Restaurant.
Tripathi said that looking at Gajendra Singh and others, he approached them to restrain them as they were seen armed with hockey sticks, iron rods and wooden dandas, chopper knives and they were in a position to enter the Restaurant, but he and others were knocked unconscious after he was struck by a knuckle duster.
