DASHRATHBHAI HAMIRJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), the appellant has challenged the order dated order dated 23.12.2020 passed by the learned Incharge 4th Special Atrocity Judge, Special Atrocity Court, Deesa, in Criminal Misc. Application No. 712 of 2020, whereby, the application filed by the appellant seeking anticipatory bail under Section 438 of the Cr.P.C in the event of his arrest in connection with the First Information Report being CR. No. I-11195019200978 of 2020 registered with the Deesa Rural Police Station, Dist.: Banaskantha for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 120(B) and under Sections 3(1)(f), 3(1)(g) of the Atrocities Act has been dismissed.

(2.) Heard Mr. A.V. Jani, the learned counsel for the appellant and Ms. Krina Calla, learned APP for the respondent State. Though served, none appears for respondent No.2-original complainant.

(3.) It is the submission of learned advocate for the appellant that none of the allegations with regard to applicability of the provisions of Atrocities Act are made out, as possession of the land in question is not with the appellant and he is not the owner of the land. That the appellant has been falsely implicated in the alleged offence and there is a delay of 15 years in lodging the FIR and it has been filed with malafide and oblique motive.