MAHIPATSINH HIMMATSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Mr. Vicky Mehta appearing for the appellant and learned Additional Public Prosecutor Ms. Jirga Jhaveri for the respondent ?State through video conference.

(2.) This appeal is filed seeking anticipatory bail by the appellant under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 r/w. Section 438 of the Code of Criminal Procedure in connection with the F.I.R. being I ?C.R. No. 11823017200991 of 2020 registered with Rajpipla police station, District Narmada for the offences punishable under Sections 186 , 332 , 504 , 506(2) and 114 of the Indian Penal Code, 1860 as well as Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) Learned advocate for the appellant submits that there is no prima facie case against the appellant with regard to offence under section 506(2) of the Indian Penal Code is concerned on bare perusal of the FIR and so far as offence under section 504 of the Indian Penal Code is concerned, same is bailable offence. He further submitted that there is no prima facie case against the appellant for the alleged offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, as such offences were added subsequently after filing of the complaint and more particularly, the incident has taken place in the house of the appellant. Therefore, it cannot be said that the offence under the Atrocities Act are attracted as there is no abuse of words used by the appellant in the public view.