UMANGBHAI OGALBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal filed under Sec. 14 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 438 of the Code of Criminal Procedure, the appellants have prayed to release them on anticipatory bail in case of their arrest in connection with the complaint bearing FIR No.11204067220271 registered with Sevaliya Police Station, District : Kheda for the offences punishable u/s. 323, 504, 506(2) and 114 of IPC and Sec. 3(1)(r) , 3(1)(s) and 3(2) (v-a) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act .

(2.) Learned advocate for the appellants submit that the nature of allegations are such for which custodial interrogation of the appellants is not necessary at this stage. Besides, the appellants are available during the course of investigation and will not flee from justice. In view of the above, the appellants may be granted anticipatory bail. Learned advocate for the appellants on instructions state that the appellants are ready and willing to abide by all the conditions, including imposition of condition with regard to powers of the Investigating Agency to file an application for remand before the competent Court. He would further submit that upon filing of such application by the Investigating Agency, the right of appellants to oppose such application on merits may be kept open.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State opposed the grant of anticipatory bail to the appellants looking to the nature and gravity of the offence.