PRAMODBHAI IMRATSINGH BANSILAL GOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 14(A) 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 enlarging the appellant on regular bail in connection with FIR being C.R. No.I-35 of 2019 registered with Thangadh Police Station, Surendranagar for the offence punishable under Sections 302, 307, 504, 114, 506(2) and 120B of the Indian Penal Code and Section 3(2)(5) of the Atrocity Act.

(2.) Heard Mr. Dipen Dave, learned advocate for the appellant and Mr.J.K. Shah, learned APP for respondent no.1-State and Mr.Amit R. Joshi, learned advocate for respondent no.2-complainant.

(3.) It is submitted by learned advocate for the appellant that the appellant is innocent person and he has not committed any offence as alleged in the FIR. That the appellant is not named in the FIR and his name has been falsely implicated in the alleged offence only on the basis of the statement of co-accused viz. Sanju Nandkishor Kaluram Tiwari, who has been granted regular bail vide order dated 07.09.2019 passed by the Additional Sessions Judge (Special Judge), Surendranagar in Criminal Misc. Application No.826 of 2019. That there is no allegation under Section 302 of the Indian Penal Code qua present appellant. That his role is to supply firearms to accused Nareshbhai through accused Sanju who has been enlarged on regular bail. Considering the nature of allegations, role attributed to the appellant, the appellant may be enlarged on regular bail by imposing suitable conditions. It is requested by learned advocate for the appellant to quash and set aside the impugned order dated 20.09.2019 passed in Criminal Misc. Application No.860 of 2019 by the Additional Sessions Judge (Special Judge), Surendranagar rejecting the prayer for releasing him on bail and to allow this appeal granting regular bail.