ALIAKBAR IBRAHIM BALOCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appellant filed Criminal Misc Application No. 6 of 2022 before the Court of learned 7th Additional Sessions Judge & Special Judge (Atrocity), Bhachau, Dist. Kutchh u/s 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on anticipatory bail in the event of his arrest on account of offence being registered vide C.R. No.11993004210514 of 2021 with Bhachau Police Station, Dist. Kutchh-East-Gandhidham for the offence punishable u/s. 142, 143, 147, 148, 149, 323, 324, 294(b), 506(2) of the Indian Penal Code and u/s.3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocity) Act, 1989 (for short "the Atrocity Act") and Sec. 135 of Gujarat Police Act wherein, learned 7th Additional Sessions Judge & Special Judge (Atrocity), Bhachau, Dist. Kutchh rejected the said application vide order dtd. 15/1/2022.

(2.) Heard learned advocate for the applicant and learned APP for the respondent-State.

(3.) Learned advocate for the appellant has submitted that appellant has nothing to do with said offence. That, the present appellant has known the complainant and injured person and therefore, the appellant just went to hospital to ascertain the health and the name of the appellant was involved in the said offence. That, the complaint is nothing but is frivolous and vexatious and the ingredients of the alleged offences are not attracted, therefore, the same is abused of process. That, the appellant undertakes not to tamper with the evidence and not to misuse his liberty in any manner. Hence, it was requested by learned advocate for the appellant to enlarge the present appellant on anticipatory bail in the event of his arrest.