AJAYBHAI RAJESHBHAI MAHETA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant- original accused for enlarging the appellant on regular bail in connection with FIR being C.R. No.I-31 of 2019 registered with Chalala Police Station, Amreli for the offence punishable under Sections 363 and 366 of the Indian Penal Code and Section 18 of the Prevention of Children from Sexual Offence (POCSO) Act, 2012 and Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter be referred to as "the Atrocity Act" for short) .

(2.) Heard learned advocate for the appellant and Ms.Monali Bhatt, learned APP for respondent no.1-State and Ms.Avani Patel, learned advocate for respondent no.2-complainant.

(3.) It is submitted by learned advocate for the appellant that the appellant is innocent person and he has not committed any offence as alleged in the FIR. That the impugned order passed by learned Additional Sessions Judge, Rajula is grossly unconstitutional, illegal, bad, improper, unjust, unreasonable, against the facts and circumstances and evidence on record, against the settled principles and propositions of law. It is further submitted that the appellant did not utter any word against the caste of the victim. Looking to the allegations made in the FIR, there is no single allegation against the present appellant, which can attract the provisions of the Atrocity Act. It is further submitted that the appellant and victim both was in love affair and she voluntarily left her home for the purpose of marriage and the appellant has not committed an offence of Section 376 of the Indian Penal Code. Considering the nature of allegations, role attributed to the appellant, the appellant may be enlarged on regular bail by imposing suitable conditions. It is requested by learned advocate for the appellant to quash and set aside the impugned order dated 10.02.2020 passed in Criminal Misc. Application No.29 of 2020 by learned Additional Sessions Judge, Rajula rejecting the prayer for releasing him on bail and to allow this appeal granting regular bail.