LAWS(GJH)-2023-1-802

MOHANBHAI ARJANBHAI LODALIYA Vs. STATE OF GUJARAT

Decided On January 31, 2023
Mohanbhai Arjanbhai Lodaliya Appellant
V/S
STATE OF GUJARAT Respondents

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 the appellant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR No.11210021220043 of 2022 registered with Katargam Police Station, District Surat City for the offences punishable under Ss. 498(A) , 323 , 504 , 427 and 114 of the Indian Penal Code and Ss. 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act .

(2.) Learned advocate for the appellant submits that the appellant is innocent and has not committed any offence as alleged in the FIR. There is no prima facie evidence which can connect the appellant in the crime in question and the appellant has been falsely implicated in the offence alleged on the basis of suspicion only.

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