ALPESHJI RAMANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.H.B.Champavat, learned advocate for the appellant.

(2.) 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. 11216011210179 of 2021 for the alleged offence punishable under Ss. 504 , 323 , 506(2) of the Indian Penal Code and Ss. 3(1)(r) , 3(1)(s) , 3 (2)(v-a) of 'the Act' registered with Infocity Police Station, Gandhinagar. Abovesaid Ss. are mentioned as it is reflected from the copy of FIR at Annexure-A, page 12.

(3.) It is submitted that for a trivial issue of motorbike purchased from a dealer where first informant is said to be serving not having bolt on the footstep for which the appellant visited the said dealer, he was called on the next day as bolt was not in a stock. It is alleged in the FIR that the appellant -accused got enraged on the answer and gave push to the injured first informant and kick blow in the abdomen and utterances of word insulting his caste, the aforesaid FIR has come to be filed. He has further submitted that the appellant is aged about 22 years and the first informant is also in the very same age group between 20 years of age. He has further submitted that though verbal altercation cannot be denied, prima-facie, no offence as asserted in the FIR more particularly utterances invoking the provisions of 'the Act' can be said to be made out. Therefore, he has prayed for an order in the nature of anticipatory bail.