RIYAZ HUSSAIN ZAKIRHUSSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ,1989 for quashing and setting aside the order dated 20.5.2020 passed in Criminal Misc. Application No.118 of 2020 by learned 8th Additional Sessions Judge, Narmada at Rajpipla and further relief is sought to enlarge the appellant on bail in connection with the FIR being CR No.I-32 of 2019 registered with Sagbara Police Station.

(2.) Heard learned advocates for the respective parties and learned APP for the respondent-State.

(3.) Mr.Apurva Kapadia, learned advocate for the appellant, has submitted that the appellant has wrongly been arraigned in the prosecution. In fact, he has not committed any offence. Only on account of, caste factor, this complaint has been registered, in which the applicant is arraigned. It has been submitted that the present appellant is aged about 21 years, his entire career would be ruined, if he is allowed to languish in jail. Further, it has been pointed out to the Court that in fact, both the prosecutrix and the present appellant were in love affair and the prosecutrix is aged about 17 years, 3 months and 13 days at the time when offence is said to have been committed and now, since the charge- sheet has already been submitted, there is no likelihood of misuse of liberty, in case the appellant is granted bail. It has further been pointed out that during the passage of time, now on account of intervention of elderly persons in the family, the settlement took place and there is no objection to the complainant if the regular bail be granted to the appellant.