JAVED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Ms.Moxa Thakkar, learned APP waives service of notice of admission on behalf of the respondent-State and learned advocate, Mr.Darshan K. Varandani, waives service on behalf of respondent no.2.

(2.) This is an appeal under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 at the instance of the appellant - original accused against the order dated 18.1.2019 passed by the learned Additional Sessions Judge, Bhuj-Kutchh, in Criminal Misc. Application No.44 of 2019.

(3.) It is the case of the appellant that an FIR has been registered against him being C.R.No.I-78 of 2018 with Mandavi Police Station, Kutchh for the offences punishable under Sections 363, 376 (1), 506 (2) of the Indian Penal Code and Section 5 (h), 5 (j) (2) and 6 of POCSO Act, Section 135 of the Gujarat Police Act as well as Section 3 (2)(5) (a), 3 (2) (5) and 3 (1) (w) (1) (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to appellant, he has been made as accused in the said offence and he was arrested on 8.10.2018. According to the appellant, he had preferred bail application for regular bail before the learned learned Additional Sessions Judge, Bhuj-Kutchh, being Criminal Misc. Application No.44 of 2019, which came to be rejected vide order dated 18.1.2019. Against this order, the appellant has preferred present appeal.