MOHAMMAD SAJID PYARESAHEB GHORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr.Adilhushain Saiyed appearing on behalf of the appellant, learned APP Mr.Dabhi for the respondent State and learned Advocate Mr.Wasim Pathan for respondent No.2 - First Informant.

(2.) This appeal is filed by the appellant, under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure, 1973, for being released on regular bail in connection with F.I.R. registered as C.R. No.11823025210436 of 2021 on 12/8/2021 with Tilakwada Police station, District Narmada for the offences punishable under Ss. 376, 511, 354, 354A, 354B, 509 of the Indian Penal Code, under Sec. 8 of POCSO Act, read with Ss. 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Learned Advocate Mr.Saiyed for the appellant would submit that while the FIR had been registered in the month of August, 2021, the trial had already proceeded and whereas it appears that the First Informant during the cross-examination has turned hostile and she did not support the statement given by the First Informant before the Police Authorities. Having regard to the same, learned Advocate Mr.Saiyed would submit that this Court may release the present appellant on regular bail.