SAGAR BALUBHAI HIRPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned Additional Public Prosecutor and Mr. Jayprakash Umot, learned advocate for the respondent no.2 ' original complainant waive service of notice of admission on behalf of the respective respondents.

(2.) By way of the present appeal preferred under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR No.11191020230707 of 2023 before Vastrapur Police Station, District: Ahmedabad for the offences punishable under Sec. 323 of Indian Penal Code and Sec. 3(1) (r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Learned advocate appearing for the appellant has submitted that the appellant is an innocent person and on bare reading of the FIR, no prima facie case is made out against the appellant, and there is nothing on record to show that the present appellant has committed the alleged offence. It is further submitted that no CCTV footage were collected or recovered by the investigating agency, and the complainant himself is a strong head person having criminal antecedents. Learned advocate for the appellant submits that the FIR is registered after a delay of almost four months, and therefore considering the nature of allegations, role attributed to the appellant, the appellant may be enlarged on anticipatory bail by imposing suitable conditions.