NISHITABEN KRUNAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is filed under Sec. 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.11210007210564 of 2021 for the alleged offence punishable under Ss. 323, 294(b) and 506(2) of the Indian Penal Code (for short, 'IPC '), Sec. 135(1) of Gujarat Police Act and Ss. 3(2)(v) of 'the Act ' registered with Jahangirpura Police Station, Surat. Abovesaid Ss. are mentioned as it is reflected from the copy of FIR at page 10.

(2.) Respondent No.2 though served has chosen not to appear either in person or through an advocate. From the contents of First Information Report (for short, 'FIR '), it appears that first informant himself is an advocate by profession.

(3.) Heard Mr.Arjunsingh B. Chauhan, learned advocate for Mr.Gajendra P. Baghel, learned advocate for the appellant. He has submitted that the dispute, as narrated in the 'FIR ', pertains to a domestic dispute between the society members, which has been given colour of criminal complaint, that too, of an offence where provision of 'the Act ' is invoked. The husband of the applicant, who is also alleged to have played similar role, has come to be released on regular bail. Only difference is that the nature of bail i.e. present application is for an order of anticipatory bail where Sec. 18 of 'the Act ' bars the invoking the remedy. He has further submitted that considering the fact that the trivial domestic issue in between the society members, such a complaint is filed invoking provisions of 'IPC ', which would attract the provisions of 'the Act ', that too, by an advocate as first informant. Therefore, he has submitted that said provision even if invoked with a view to see that the accused is deprived of remedy available under the normal law, as such, no offence, as alleged, invoking the provisions of 'the Act ' is committed and therefore, she being a lady accused, an order of anticipatory bail in favour of her may be granted.