KUMKUMDEVI SANTOSHKUMAR OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been filed under Section 14(A) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act in connection with F.I.R. registered at C.R.No. I - 11214046200854 of 2020 with Palsana Police Station, District: Surat (Rural) for the offences punishable under Sections 323, 504, 506(2) and 114 of the IPC and under Section 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, on the ground that the appellant has not uttered derogatory words against the caste of the respondent no1.

(2.) Learned advocate for the appellant has contended that upon bare reading of the FIR, the offence under the Artocities Act is not made out. The appellant is a lady. Learned advocate for the appellant has submitted that the other accused has been enlarged on regular bail. On reading of the FIR, it is clear that there is no iota of any material which shows that the appellant has uttered any derogatory words against the respondent No.1. According to him, even if the FIR is read as it is, the offence will be under Section 323, 504, 506(2) and 114 of the Indian Penal Code. He has also submitted that there is no material to connect the present appellant under the provisions of the Atrocities Act. He has request to enlarge the appellant on anticipatory bail by imposing suitable conditions.

(3.) The learned APP has vehemently opposed the grant of anticipatory bail to the appellant and has submitted that there is bar of Section 18 under the Atrocities Act in granting anticipatory bail. She has submitted that the present appellant was present at the time of offence and she has beaten mother of the respondent no.1 with Chappal. She has submitted that considering the facts of this case, let the appellant surrender herself before the concerned Police Station and the application may be dismissed.