LAWS(GJH)-2019-2-12

GUDDUKUMAR KALICHARAN PRASAD (PATEL) Vs. STATE OF GUJARAT

Decided On February 01, 2019
Guddukumar Kalicharan Prasad (Patel) Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Admit. Learned A.P.P. waives service of notice of admission for the respondent State and learned advocate Ms. SJ Shaikh waives service of notice of admission for respondent No.2 and Registry to accept her appearance.

(2.) By way of the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act'), the appellant original accused challenges the order dated 18.12.2018 passed by the learned Special Judge (POCSO) & Addl. Sessions Judge, Gandhinagar in Criminal Misc. Application No.1894 of 2018 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant original accused in connection with the F.I.R. being C.R.No.I-155 of 2018 registered with Gandhinagar Sector 7 police station, Ahmedabad for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, Sections 4 and 6 of the POCSO Act and Sections 3(1)(w)(1), 3(2)(5-A), 3(2)(5) of the said Act.

(3.) Heard submissions made at bar, perused police papers and impugned order.