DHARAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned APP waives service of notice of admission on behalf of respondent-State.

(2.) Present appeal is filed under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dtd. 31/1/2025 passed by the leaned 2 nd Additional Sessions Judge, Devbhoomi Dwarka, Khambhaliya in Criminal Misc. Application No.36 of 2025, whereby the learned Additional Sessions Judge rejected the application filed by the present appellant under Sec. 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") seeking regular bail in connection with FIR being C.R.No.11185004241182 of 2024 registered with Jamkhambhaliya Police Station, Devbhoomi Dwarka for the offences punishable under Ss. 103(1) of the BNS and under Ss. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(3.) Learned advocate for the appellant has submitted that the appellant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.