STATE OF GUJARAT Vs. JIGARBHAI JITESHBHAI SHAH

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for cancellation of anticipatory bail granted to opponent No.1 - original accused by the Additional Sessions and Special Judge, Tapi at Vyara vide order dtd. 6/8/2022 in Criminal Misc. Application No.303 of 2022.

(2.) Heard Mr. Hardik Soni, learned Additional Public Prosecutor for the State.

(3.) Learned APP has submitted that there were total eight independent eye-witnesses to the incident and the accused had given the threat to the complainant in their presence. He has submitted that the accused had brought in the JCB in front of Buhari market yard and tried to demolish the shops and the cabins of the complainant. He has submitted that the accused had uttered the humiliating words against the caste of the complainant in the public place and in presence of many persons. He has submitted that the accused was creating unnecessary situation to humiliate and had also gave death threats to the complainant. He has also submitted that the offence committed by the accused is punishable under the Atrocity Act and Sec. 18 of the Act clearly bars the grant of anticipatory bail. He has submitted that the trial Court ought to have rejected the anticipatory bail to opponent no.1 - original accused. He has submitted that this application may be allowed and the anticipatory bail granted by the trial Court to the original accused may be cancelled.