JAGADISHBHAI DAYARAMBHAI SINDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned APP waives service of notice of admission for the respondent State. The advocate Ms. Trivedi waives service of notice of admission for respondent No.2.

(2.) This criminal appeal is filed u/s 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 against the order dated 28.12.2018 passed by the learned 6th Addl. Sessions Judge, Banaskantha at Palanpur, whereby the learned Judge rejected regular bail application preferred by the appellant u/s 439 of the Code of Criminal Procedure, 1973 to enlarge the appellant on regular bail in connection with the FIR being registered vide I - C.R. No.39 of 2018 with Ambaji Police Station for the offences punishable u/s 376, 504, 506(2) of the Indian Penal Code and also u/s 3(1)(w)(1)(2) and 3(1)(r) (s) and 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "Atrocity Act").

(3.) Having considered the rival submissions and charge sheet papers supplied during the course of hearing and further considering the statement of respondent No.2 recorded on 21.6.2018, it appears that the prosecutrix is aged 26 years and she moved with the appellant at various places of her own volition. No any past antecedent is registered against the appellant.