ASHISH PREMANANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Sec. 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as "the Atrocity Act" for short) read with Sec. 438 of the Criminal Procedure Code, 1973 at the instance of the appellants - original accused for the anticipatory bail in connection with the FIR being C.R.No. 11199010200888 of 2020 registered with City "A" Division Police Station, Bharuch for the offences under Ss. 143 , 146, 147, 149, 323, 427, 504 etc. of the Indian Penal Code and Sec. 3(1)(r), 3(1)(s), 3(2)(v) of the Atrocity Act.

(2.) The short fact of the prosecution is that the FIR has been lodged by respondent No.2 herein on the allegation that on 7/10/2020, at about 7.00 p.m. a scuffle had taken place between accused no.1 and Pareshbhai Vasava and Pravinbhai Vasava i.e. complainant herein and at that time, the present accused no.1 has uttered abusive language to the complainant and accused no.2 and 3 have beaten the complainant and accordingly, the FIR came to be lodged.

(3.) It is submitted by the appellants that they have preferred anticipatory bail application being Criminal Misc. Application No.723 of 2020 before the Sessions Court, Bharuch which came to be rejected by the learned Special Judge (Atrocity) and 4 th Additional Sessions Judge, Bharuch vide order dtd. 12/11/2020.