ARVINDBHAI VAKTABHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989'), the appellant - original accused has prayed to release him on regular bail in connection with FIR being C.R.No.11191008230427 of 2023 registered with Chandkheda Police Station, Gandhinagar.

(2.) Learned advocate for the appellant submits that the appellant is behind bar since 28/8/2023. Investigation in the present case is complete. Charge-sheet is filed and therefore, all the evidence are lying with Investigating Officer and Court. Therefore, question of tempering with the evidence does not appear. Reading of FIR, he would submit that it is case of false promise. It is submitted that relationship entered between the appellant and victim are clear consent. Both are major and they knew each other since they were serving together. Thus, it is clear case of consensual relationship. It is further submitted that FIR does not disclose any words which indicates that victim was humiliated for her caste. Thus, prima facie, no case under Atrocities Act is made out. It is therefore, submitted to grant bail to the appellant.

(3.) Learned advocate for the first informant submitted that repeated physical relationship has been maintained by the appellant under false promise of marriage. It is submitted that appellant was knowing that his child marriage took place and yet he has maintained relationship with the victim knowing fully well that he could not marry her. It is case of obtaining consent under false promise of marriage. Taking this Court through order passed by learned Sessions Court, learned advocate for the first informant would submit that even learned Trial Judge has recorded that the appellant is not available as he is changing his job. There is flight risk and therefore, the appellant may not be granted bail as it would derail entire trial proceedings. On such submissions, it is submitted to dismiss the appeal.