CHARANSINGH OMPRAKASH YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter be referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for anticipatory bail in connection with the FIR being C.R. No.I-07 of 2019 registered with BDivision Police Station, Gandhidham, Kutch (East) for the offences punishable under Sections 354 and 504 of the Indian Penal Code read with Sections 3(2)(5)(a), 3(1)(R)(S), 3(1)(w)(ii) of the Atrocity Act.

(2.) It is contended that apprehending his arrest, the appellant preferred Criminal Misc. Application No. 40 of 2019 before the Special Judge and Additional Sessions Judge, Gandhidham, Kutch, which was dismissed vide order dated 4.2.2019.

(3.) The case of the prosecution, in brief, is that one FIR came to be filed by the respondent No.2 inter alia alleging that the complainant has been working as MTS Lady Security Guard in Special Economic Zone, Kandla and the appellant is working as Security Officer on contract basis. It is alleged that when the complainant was present on the check-post, at that time, the present accused had made indecent demand and she had refused for the same and therefore, the appellant is alleged to have been trying to harass her on one or the other pretexts. It is also contended that some bad words were also spoken by him. It is alleged that initially, the accused sent her on duty at Lal Gate, where there was no provision of washroom facility and at that point of time, for getting fresh, she had gone and the accused had made indecent demand and when she did not accept, the accused was harassing her and had issued memo to her. It is also contended that she was transferred to the main Gate of DC office where she was having duty from 2.00 p.m. to 10.00 p.m., whereas after 6.00 p.m., when all staff used to go away, then due to fear, she used to keep her husband present at the place. It is also contended that the accused was also used to use bureaucratic words against her case and also giving threat to terminate her from service and he used to give threat to get her transferred to some other place. It is also alleged that she had discussed all these facts to her husband and ultimately has filed the complaint.