OMPRAKASH @ BABUBHAI SHYAMBIHARI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed 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 bail in connection with the FIR being I - C.R.No.77/2018 registered with Vasada Police Station, District: Navsari for the offences punishable under Sections 376(1) and 506(2) of the Indian Penal Code and Section 3(1)(w)(i), 3(1)(w)(ii), 3(2)(5) of the Atrocity Act.

(2.) It is submitted that on the basis of the complaint filed by the complainant - victim, the accused has been arrested on 18.10.2018 and he is in jail since then. It is submitted that the appellant has preferred bail application being Criminal Misc. Application No.156 of 2019 before the Sessions Court, Navsari, Camp at Vasada which came to be rejected vide order dated 22.02.2019 by the learned Additional Sessions Judge, Navsari, Camp at Vasada. According to the appellant, he is innocent and he has been falsely implicated in the alleged offence. According to the appellant, there is cross complaint filed by him. According to him, the present FIR has been filed after three months of so-called incident and explanation given is not plausible. According to the appellant, he is ready and willing to abide by all the conditions which may be imposed by this Court while releasing him on bail.

(3.) Brief facts of the present case are that the present accused on the day of Janmastimi, called the victim and told her to meet and give offer to pay rupees for sleeping with him for which victim refused and cut the phone and after that, she has told her husband that the appellant called her, so the husband of the victim told that they will meet the appellant after he came back and then again the appellant called her and made some demand which was refused by the victim. It is submitted that thereafter, when the victim went out, the appellant caught hold her and removed her clothes and raped on the victim and after that on 12.10.2018, after one month the victim told about the incident to her husband and after sometime, the FIR came to be registered against the appellant.