LAWS(GJH)-2022-2-692

STATE OF GUJARAT Vs. DEVANG SURESHBHAI NAYAK

Decided On February 04, 2022
STATE OF GUJARAT Appellant
V/S
Devang Sureshbhai Nayak Respondents

JUDGEMENT

(1.) By way of this Criminal Appeal, present appellant has prayed to quash and set aside the order dtd. 20/3/2021 passed in Criminal Misc. Application No.899 of 2021 by the learned Principal District and Sessions Judge, Ahmedabad and thereby cancel anticipatory bail granted by the learned Sessions Judge, Ahmedabad.

(2.) Heard learned APP appearing for the appellant, learned advocate appearing for the respondent No.1 and learned advocate appearing for the respondent No.2-original complainant.

(3.) It is submitted by learned APP appearing for the appellant that offence is punishable under the prohibition of the prevention of Atrocity Act and as per the provision of said Act, anticipatory bail is not maintainable. That there are three eye witnesses of the incident i.e. Sanjaybhai Jayantibhai Nayak (husband of the complainant), Falguniben Jethabhai Nayak (sister-in-law of the complainant) and Kamlesh Jethabhai Nayak (nephew of the complainant). All the three eye witnesses have recorded their statements, which are matching with the case of the complainant as there is a serious offence, which had been committed in assaulting and humiliating the Scheduled Caste member. Hence, it is requested by learned APP appearing for the appellant to allow this criminal appeal.