ZARINABIBI BHUREKHAN @ AKRAMKHAN PATHAN 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 10.12.2020 passed in Criminal Misc. Application No.7315/2020 by learned Special Judge (Atrocity), City Civil and Sessions Court No.18, Ahmedabad City, whereby, the application filed by the appellant seeking anticipatory bail under Section 438 of the Cr.P.C in the event of her arrest in connection with the FIR being C.R.No.11191018201513/2020, registered at Gomtipur Police Station, Dist. Ahmedabad City, for the offence punishable under Sections 376(2)(n), 328, 323, 143, 147 and 506(1) of the Indian Penal Code and and Section 67 of the Information Technology Act and Sections 3(1)(w)(i), 3(1) (w)(ii), 3(2)(v) and 3(2)(va) of the Atrocities Act, has been dismissed.

(2.) Heard Mr. Mahesh Poojara, learned counsel for the appellant, Ms. Krina Calla, learned APP for the respondent State and Ms. Neelam Chauhan, learned advocate for Ms. Urmila Desai, learned advocate for the respondent No.2- original complainant.

(3.) It is the submission of Mr. Mahesh Poojara, learned counsel for the appellant that for the incident of 17.11.2020, the FIR in question being reported on 21.11.2020. That the main accused Bhurekhan Pathan has been extended the benefit of bail wherein the respondent no.2 has not opposed his bail application. That the allegations made in the FIR do not attract the ingredients of the provisions of Atrocities Act. Under such circumstances, the appeal may be allowed.