RATILAL AMBALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Ashish Dagli, the learned counsel appearing for the appellants, Ms. Krina Calla, learned APP for the respondent State and Mr.Shrijit Pillai, learned counsel for respondent No.2.

(2.) By this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), the appellants have challenged the order dated 17.08.2020 passed in Criminal Misc. Application No.717 of 2020 by learned 5th Additional Sessions Judge & Special Judge (Atrocity Cases), Bhuj-Kachchh, whereby, the application filed by the appellants seeking anticipatory bail under Section 438 of the Cr.P.C in the event of their arrest in connection with the FIR being C.R.No.11205032201150 of 2020, registered at Mundra Police Station, Dist. Kachchh-Bhuj, for the offence punishable under Sections 504, 294(b) and 114 of the Indian Penal Code and Sections 3(1)(s), 3(1)(r) and 3(c) of the Atrocities Act, has been dismissed.

(3.) It is the submissions of the learned counsel for the appellants that the appellants are innocent and have been falsely implicated in the alleged offence; that the place, where the incident occurred, is not a public place, therefore, the provisions of the Atrocities Act would not be applicable; that the ingredients of the alleged offence are clearly not made out and the FIR is registered only with a view to harass the appellants with mala fide intention.