MAJIDALI MAQSUDALI SAIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Section 14(A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, against the order passed by the learned Additional Sessions Judge (Special), Ahmedabad (Rural), Mirzapur, in Criminal Misc. Application No.1286 of 2018 dated 05.06.2018, whereby the learned Sessions Judge has rejected the bail application filed by the appellant under Section 439 of the Code of Criminal Procedure to get regular bail in connection FIR being I C.R. No.45 of 2018 registered with Ranip Police Station, Ahmedabad, for the offences under Sections 354(A) of the Indian Penal Code, 1860, Sections 7 and 8 of the POSCO Act and Sections 3(1)(i) , 3(1)(S) and 3(2) (5-A) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, (hereinafter referred to as "the Act").

(2.) Learned advocate appearing for the appellant states that as per the allegations in the FIR filed against the appellant, the appellant behaved inappropriately with the daughter of the complaint and abused the caste of the complainant. Learned advocate for the appellant submits that the appellant is an innocent person, however, he has been falsely implicated in the alleged offence. The present appellant is arrested for the alleged offences on 28.05.2018 and since then, he is in judicial custody. It is further submitted that substantial interrogation is over and therefore, there is no chance to tamper with the evidence. Learned advocate further submits that the matter is amicably settled between the appellant and complainant. In this regard, the complainant affirmed the affidavit, which is produced on record with this appeal. In the said affidavit, it is categorically stated that the matter is amicably settled and now the complainant has no objection, if the appellant is released on regular bail. The Assistant Police Commissioner "L" Division Ahmedbad City has recorded the statements of Pravinbhai Ganpatbhai Dave and Madhuben Pravinbhai Dave, parents of the victim, wherein they have stated that if the appellant is released on bail, they have no objection. It is also stated by them that they have not give such statements under any threats, coercion or any pressure. In the above position, the appellant may be released on bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State while opposing the present states that looking to the nature and gravity of the offences, the appellant may not be enlarged on bail. No doubt, the learned APP has verified the contents of the affidavit through responsible police officer.