VINUBHAI DEVSHIBHAI NAKRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed for anticipatory bail in connection with the FIR C.R.No.11193003200300/2020 registered before the Amreli Police Station dated 07.03.2020.

(2.) At the outset, the issue pertains to whether the petition under Section 438 of the Code of Criminal Procedure would be maintainable or bar would apply.

(3.) Learned advocate for the applicant has taken this Court through the allegations made in the FIR and submitted that in the entire body of the FIR, there is no allegation, which can be termed as purgatory to the cast of the complainant. In fact, there is no allegation so as to sustain that the incident took place on account of the complainant belonging to the Schedule Cast or Scheduled Tribe. It is submitted that it was only with regard the contract work that the alleged incident has taken place, and therefore, under no circumstance the provisions of the Atrocities Act could be attracted. He, therefore, relies upon the judgment of this Court in the case of Pravinbhai Gordhanbhai Patel Versus State of Gujarat [2020 (1) GLR 297] to submit that since there is no indication in the FIR about the incident having taken place on account of the petitioner's belonging to the Scheduled Caste or Scheduled Tribe, this Court had quashed the FIR.