ATULBHAI RAMNIKLAL PUROHIT 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.II-73 of 2019 registered with Kamlabaug Police Station, Porbandar, for the offences punishable under Sections 504, 506(1) of the Indian Penal Code and Sections 3(2)(5)(a), 3(1)(r) and 3(1)(s) of the of the Atrocity Act.

(2.) The case of the prosecution, in brief, is that the respondent No.2 has filed the aforesaid FIR on 16.3.2019 inter alia alleging that in the morning, the present appellant asked her that he has some work and therefore, the complainant and the appellant went to the school ground, where as per the complaint, the appellant has tried to force the complainant to withdraw the complaint filed by her against Tushar Vrundavanbhai Purohit and others. It is also alleged that the appellant has abused her and threatened her. It is also alleged that the appellant herein has used derogatory language against her caste and she has narrated the facts to the staff members Kariben Keshwala and Sundarben Hun and also talked with clerk Mukesh bhai Dutta on telephone.

(3.) It is contended by the appellant that pursuant to filing of the FIR, the appellant has preferred anticipatory bail application, being Criminal Misc. Application No.659 of 2019 before learned Additional Special Judge (Atrocity), Porbandar, which came to be rejected vide order dated 12.4.2019.