ALLARAKHABHAI BHURABHAI KATIYAAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Pawan Barot on behalf of the appellant and learned Additional Public Prosecutor Mr.Dabhi on behalf of the respondent-State.

(2.) By way of this appeal filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. bearing C.R. No. 11203036220138 of 2022 registered with Maliya-Hatina Police Station, Junagadh on 21/5/2022 for offences punishable under Ss. 323 , 324 , 143 , 147 , 148 , 149 , 504 , 506(2) , 447 and 427 of the Indian Penal Code, under Sec. 135 of the Gujarat Police Act and also under Sec. 3(1)(r) , 3(1)(s) and 3(2)(vA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.

(3.) Learned Advocate on behalf of the appellant would submit that while the allegation is that the appellant and other accused had quarreled with the first informant and her family members and whereas the presence of the appellant, at the place of the offence is mentioned in the FIR more particularly with a stick in his hand, but at the same time there is no allegation or averment in the FIR that the present appellant had inflicted any injury upon any person with the said deadly weapon. Learned Advocate would submit that the present appellant undoubtedly has 4 antecedents of being involved in 4 FIRs but according to learned Advocate all the FIRs are under the provisions of the Gujarat Prohibition Act, whereas the FIRs. Learned Advocate submits that having regard to the fact that the appellant is falsely implicated and further having regard to the fact that the appellant is not stated to have caused any injury to any person with the weapon, this Court may release the present appellant on regular bail subject to any stringent conditions as may be imposed by this Court.