RAMESH PARBAD BARADIYA 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 appellants have challenged the order dated 19.05.2021 passed in Criminal Misc. Application No.65 of 2021 by learned Additional District Judge, Vanthali, 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.11203037210210 of 2021, registered at Manavadar Police Station, Dist. Junagadh , for the offence punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code and Section under Section 135 of the Gujarat Police Act and under Sections 3(1)(r) and 3(1)(s) of the Atrocities Act, has been dismissed.

(2.) Heard Mr. Shakeel Qureshi, learned counsel for the appellants 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 appellants that the appellants have been falsely implicated in the alleged crime. That there is a delay in lodging the FIR, as such the incident occurred on 07.05.2021 and the FIR came to be lodged on 08.05.2021. That the informant and his brother are in habit of filing false complaints under the provisions of the Atrocities Act which is nothing but abuse of process of law. That no prima-facie case is made out against the appellants for an offence under the provisions of the Atrocities Act. That the appellants have no any past antecedents of like nature. Under such circumstances, learned counsel for the appellants prays that the appellants may be granted anticipatory bail in the interest of justice.