VIDHYABEN MEHULBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Criminal Appeals are filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act ') praying for an order of anticipatory bail in connection with the offence registered at C.R. No.11196016210074 of 2021 for the alleged offence punishable under Sections 323, 294(b), 506(2) and 114 of the Indian Penal Code, Sections 3(2)(va), 3(1)(r), 3(1)(s), 3(1) (z) of 'the Act ' registered with Makarpura Police Station, Vadodara City. Abovesaid Sections are mentioned as it is reflected from the copy of FIR at page 12.

(2.) While issuing 'Notice ' into the appeal vide an order dated 23.2.2021, this Court has recorded existence of cross cases into the present incident as also such cross cases in the year 2018 against one of the society member by the very complainant. Therefore, while issuing 'Notice ', ad-interim order was passed by the Court protecting the appellant in one of the appeal. Thereafter, it came to be granted in favour of the co-accused also who happens to be husband of Vidhyaben Mehulbhai Jadav in Criminal Appeal No.374 of 2021. Pursuant to the 'Notice ' issued, neither the first informant remained personally present nor through an advocate, though served. Endorsement on the cause list shows that Respondent No.2 is served through concerned Police Station. Therefore, it appears that the first informant is not interested in hearing of these appeals praying for an order of anticipatory bail.

(3.) As per the prosecution case against the appellants, they are alleged to have abused first informant slapped him while Mehulbhai Abhilashbhai caught hold of the first informant and the accused No.3 shown in the First Information Report, who is already released on regular bail by the competent Court, beaten him with kick and fist blow. It is further alleged that one of the appelalnt, Vidhyaben Mehulbhai Jadav, also given kick and fist blow to the wife of the first informant and uttered insulting words in respect of their caste, threatening them to vacate the premises and go away from the society.