ISHWARSHANKAR RAMCHARITRA MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned advocates waive service of notice for the respective respondents.

(2.) By way of the present application under Sec. 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act"), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I- C.R.No.11822022240704 of 2024 registered with Vijalpor Police Station, Navsari for the punishable under Ss. 115(2), 352, 351(3), 109(1), 189(2), 190 and 191of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sec. 3(1)(r)(s), 3(2)(v)(a), 3 (2)(v), 3(2)(vii), 3(2)(va) of the Atrocity Act.

(3.) The brief facts of the case are that a dispute has been ongoing for the past two years concerning open land located near the Dholikui Temple. On October 23, 2024, at 8:15 AM, the accused, in collaboration with co-accused individuals, made caste-based remarks and hurled filthy abuses at the complainant and his wife. They also assaulted the complainant with weapons, causing injuries to his head and hand. Consequently, an FIR was registered against the accused persons.