LAWS(GJH)-2019-9-46

RAMZAN FIROZBHAI BELIM Vs. STATE OF GUJARAT

Decided On September 25, 2019
Ramzan Firozbhai Belim Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 113 of 2019 before the court of learned Additional Sessions Judge, Visavdar, u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence, being registered vide I - C.R. No. 23 of 2019 with Bhesan Police Station, District Junagadh for the offence punishable under Sections 365, 342, 376, 506 (2) and 114 of the Indian Penal Code and Section 3(1)(w)(1) and 3(2)(5 ­ A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), and Section 135 (1) of the G.P. Act wherein the learned Additional Sessions Judge, rejected the said application on 06.08.2019.

(2.) Heard learned advocate for the respective parties.

(3.) Learned advocate for the appellant submits that this alleged offence was committed on 22.01.2019 and F.I.R. was registered on 07.05.2019. That, present appellant has not committed any offence as alleged in the complaint. He further submits that previously one complaint was lodged by the respondent No.2 against the other accused on 06.09.2018 for the offence punishable under Sections 366, 376 and under the provisions of the Atrocities Act, wherein no name of the applicant was shown. As per the affidavit of the Investigating Officer filed before the Sessions Court, the victim respondent No.2 was married with the accused No.1. That, the appellant may be released on any stringent condition which may be deemed fit by this court.