MEGHABHAI JIVABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), the appellant has challenged the order dated 21.05.2021 passed in Criminal Misc. Application No.156 of 2021 by learned 9 th Additional Sessions Judge, Bhachau, District: Kachchh, whereby, the application filed by the appellant seeking anticipatory bail under Section 438 of the Cr.P.C in the event of his arrest in connection with the FIR being C.R.No.11993004210089 of 2021, registered at Bhachau Police Station, Dist. Kachchh East-Gandhidham , for the offence punishable under Sections 294(b), 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Atrocities Act, has been dismissed.

(2.) Heard Mr. Pravin Gondaliya, learned counsel for the appellant and Ms. Krina Calla, learned APP for the respondent State. Though served, none appears for the respondent no.2- original complainant.

(3.) It is the submission of learned counsel for the appellant that the appellant has been falsely implicated in the alleged crime. That there is an inordinate delay in lodging the FIR for which there is no reasonable explanation on the part of the informant. That no prima-facie case is made out against the appellant for an offence as alleged under the provisions of the Atrocities Act. Under such circumstances, learned counsel for the appellant prays that the appellant may be granted anticipatory bail in the interest of justice.