SHAILESHBHAI MANUBHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.11184004210237 of 2021 registered with Kadwal Police Station, Chhotaudepur for offences punishable under Ss. 366, 376(2)(n), 506(2), 114 etc. of the Indian Penal Code and also under Sec. 3(2)(v), 3(1)(s), 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr.V.A. Kureshi, the learned counsel appearing for the appellant and Mr.L.B. Dabhi, the learned Additional Public Prosecutor appearing for the respondent - State. Though served, none has appeared on behalf of the respondent No.2 - original complainant.

(3.) Learned Advocate on behalf of the appellant has submitted that the appellant is falsely implicated in the alleged offence. He submitted that the complainant was residing with the appellant in live-in-relationship though she knew that the appellant was married and as the relation turned sour, the present complaint came to be filed. He submitted that none of the ingredients of any of the Sec. charged against the appellant can be said to be made out even if the allegations are accepted to be true without admitting the same, since prima facie, there is no substance in the allegations made by the complainant in the impugned FIR. He further submitted that even from the affidavit filed by the I.O., it is not coming out clearly that the present appellant has committed the alleged crime in the FIR but general and vague allegations are made in the FIR. He, therefore, submitted that this Court may release the present appellant on regular bail subject to any stringent conditions as may be imposed by this Court.