BAROT RAJESHKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act') read with Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No.11216008230217 of 2023 with Gandhinagar Sector-7 Police Station, Gandhinagar for the offences punishable under Ss. 306, 406, 420, 506(2) and 114 of the Indian Penal Code, 1860 and under Sec. 3(1)(r), 3(2)(v) of the Atrocities Act.

(2.) Learned advocate for the appellant submits that the the appellant has nothing to do with the offence and he is falsely implicated in the offence. It is submitted that the alleged incident took place on 22/5/2023 whereas the complaint was filed on 27/5/2023 after delay of five days. It is submitted that as per the compliant, the deceased had given five lakh rupees to the accused No.1 and on demanding the same, accused persons abused him using casteist words and also administered threats of dire consequences and therefore, the deceased has committed suicide. Thus, the transaction has taken place between the original accused No.1 and the deceased and the appellant is not concerned with the money. Charge-sheet is filed. The learned advocate appearing on behalf of the appellant submits that considering the nature of the offence, the appellant may be enlarged on regular bail by imposing suitable conditions.

(3.) The learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence and submitted that in the suicide note, the name of the appellant has been mentioned. It is alleged that, in connivance with the other accused, the present appellant duped five lakh rupees from the deceased and also threatened the deceased when asked for the money, using derogatory language about his caste. Therefore, the learned APP has requested that the appeal be dismissed.