VIKRAMBHAI HAMIRBHAI VIRDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT. Learned APP waives service of notice of Rule on behalf of respondent No.1 - State of Gujarat.

(2.) Present appeal under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the order dtd. 11/10/2024 passed by the learned 2nd Additional Sessions Judge, at Keshod in Criminal Misc. Application No.387 of 2024 whereby the learned Judge rejected the application filed by the present appellant under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short "BNSS") seeking anticipatory bail in connection with FIR being C.R. No.11203030240683 of 2024 registered with Keshod Police Station, District Junagadh for the offences punishable under Ss. 64(2)(m and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short "BNS") and Sec. 3(1)(w), 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act.

(3.) Learned advocate for the appellant submitted that the appellant has been falsely involved in the offence. The appellant as well as victim both are major. The allegation is that under the pretext of getting issued the certificate, present applicant took undue advantage and called the victim at guest house and then pointing the knife forced the victim to develop sexual relations with the applicant and out of such consensual relationship, time and again the applicant and victim visited the guest house but as the raid was conducted, applicant and victim were found in the guest house and news item was published and hence, to save the skin, the victim has lodged the complaint belatedly after 7 days of the incident without explaining the delay. Further, the appellant is protected by way of interim relief since October, 2024 and has not misused such relief. Further, appellant is not having any past antecedent. As nothing is required to be recovered or discovered, no custodial interrogation is required. Therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be granted anticipatory bail by imposing suitable terms and conditions.