RASHESHBHAI VITHALDAS GUJARATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though served, none appears for respondent no.2.

(2.) By way of the present appeal under Section-14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'Act, 1989'), the appellant-original accused no.4 challenges the order dated 23.12.2019 passed by learned 5th Additional District & Sessions Judge, Surat in Criminal Misc. Application No.7338 of 2019 whereby the learned Sessions Judge refused to grant regular bail under Section 439 of the Criminal Procedure Code, 1973 to the appellant-original accused no.4 in connection with the FIR being C.R.No.I-119 of 2019 registered with Palsana Police Station, Surat Rural for the offences punishable under Sections 376(2)(J)(N), 315, 114, 201, 120-B, 465 and 471 of the Indian Penal Code and Sections 3(A), 4, 5(L), 6 and 17 of the POCSO Act and Sections 3(2)(5) of Prevention of Atrocities Act, 1989.

(3.) The brief facts of the prosecution case are as under: