VIKRAMBHAI SARDARBHAI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants have filed Criminal Misc. Application No. 48of 2022 before the Court of learned Incharge Additional Sessions Judge, Aravalli-Modasa u/s 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on anticipatory bail in the event of their arrest on account of offence being registered vide C.R. No. 11188003210464 of 2021 with Bhiloda Police Station, Dist: Aravalli for the offence punishable u/s. 323, 504, 506(2) and 114 of the Indian Penal Code and u/s. 3(2(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocity) Act, 1989 (for short "the Atrocity Act"), the learned Incharge Additional Sessions Judge, Aravalli-Modasa has rejected the said application on 27/1/2022.

(2.) Feeling aggrieved by the said order, the appellants preferred said appeal u/s 14-A(2) of the Atrocity Act. Heard learned advocate for the appellants; learned advocate for the respondent no.2 and learned APP for the respondent No.1-State.

(3.) Learned advocate for the appellants have submitted that the appellants are innocent persons and wrongly involved in the present crime in question. That, there is no direct or indirect role attributed to the present appellants. That, the appellants have nothing to do with the present crime in question, and their names have wrongly been dragged with a view to achieve the goal of the respondent No.2. The allegations against the appellants cannot be said to have been substantiated in as much as there is no sufficient material found against the present appellants. That, the learned Judge has failed to appreciate the fact that the appellants are innocent and they have been falsely implicated in the alleged offence. That, looking to the allegations levelled in the FIR, prima facie, no ingredients of any offence much less the offence under Ss. 323 , 504 , 506(2) and 114 of the Indian Penal Code and offence under Atrocity Act are attracted. Hence, it was requested by learned advocate for the appellants to enlarge the present appellants on anticipatory bail in the event of their arrest.