STATE OF GUJARAT Vs. RUPESHBHAI GOVINDBHAI PATEL

JUDGEMENT

(1.) By preferring present appeal under Sec. 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 (In short "Atrocity Act"), appellant-State has requested to quash and set aside the judgment and order dtd. 29/12/2021 passed by the court of learned Additional Sessions Judge, Bodeli granting anticipatory bail of the accused in Criminal Misc. Application No. 217 of 2021 and to take the respondents No.1 to 10 -accused in custody forthwith.

(2.) Heard learned APP for the appellant-State.

(3.) It was submitted by learned APP for the appellant-State that The investigating officer had filed a detailed affidavit and opposed the grant of the bail on 24/12/2021. The learned Additional Sessions Judge, Bodeli, by way of impugned order dtd. 29/12/2021, had granted the anticipatory bail to the respondents No.1 to 10-accused persons. That, the accused had formed illegal and unlawful assembly outside the school where the election procedure going on. The accused had uttered the humiliating words against the caste of the complainant in public place and in presence of many persons. The offence committed by the respondent are punishable under Ss. 3(1)(N), 3(1)(R) and 3(1)(S) of the Atrocity Act. That, trial court ought to have considered that affidavit filed by the investigating officer in which it was categorically stated that there are 13 eye witnesses who were present at the time of the incident. Out of 13 witnesses, 3 were the police officers namely (1) Vandeviben (W.ASI), (2) Sanjay Tadvi (Home Guard) and (3) Kamleshbhai Tadvi (Home Guard) and there are other independent eye witnesses too. That, trial court ought to have considered that the accused persons had given the threat to the complainant and in that circumstances, granting the anticipatory bail to the accused persons in much lenient view in favour of the respondents no.1 to 10 which is not permissible as per the Atrocity Act. As per sec. 18 of the Atrocity Act, the provision of anticipatory bail clearly barred and the order passed by learned District and Sessions Court which is beyond the statutory powers.