ASHOK KISHORILAL DAMANI 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 referred to as "the Atrocity Act" for short) at the instance of the appellant - original accused for the anticipatory bail in connection with the FIR being C.R.No. I - 02/2019 registered with Anandnagar Police Station, District: Ahmedabad for the offences under Section 304 of the Indian Penal Code; Sections 75 and 79 of the Juvenile Justice Act, 2015; Sections 3 and 14 of the Child Labour (Prohibition and Regulation) Act and Section 3(1)(h), 3(2)(v) of the Atrocity Act.

(2.) The case of the prosecution is that the complainant has alleged that on 03.01.2019 around 9.30 a.m., nephew of the complainant named Mehul Meena who was working in Hotel Platinum INN situated at Anandnagar, Ahmedabad got stuck in the goods lift of the said hotel which resulted in his death. On that basis, the FIR has been alleged.

(3.) It is submitted by the appellant that he has preferred anticipatory bail under Section 438 of the Criminal Procedure Code before the Sessions Court at Ahmedabad being Criminal Misc. Application No.779 of 2019, which came to be rejected vide order dated 14.02.2019 by the learned 12th Additional Sessions Judge, Ahmedabad (Rural) at Ahmedabad. Against the said order, he has preferred the present appeal for enlarging him on anticipation bail on the contention that he is innocent and is falsely implicated in the offence and he is permanent resident of Bombay and he is the owner of the platinum hotel and the entire management has been given to the management officer/s and he was not involved in the said act. He has contended that he has earlier filed anticipatory bail before the Sessions Judge, Ahmedabad being Criminal Misc. Application No.352 of 2019, which was, at the relevant time, rejected and, therefore, he has preferred an application for anticipatory bail before this Court being Criminal Misc. Application No.2243 of 2019 wherein this Court on 13.02.2019 passed an order of 'not to arrest' him, but thereafter, the offence under the Atrocity Act was added by the trial Court on the report of the Investigating Officer dated 20.02.2019, the said application came to be withdrawn with a view to file appropriate application before the appropriate Court. According to him, he has preferred fresh application before the trial Court and now, the trial Court has rejected the same and, therefore, he has preferred this appeal. He has requested to enlarge him on bail considering the fact that no prima facie offence under the Atrocity Act is made out and the offence is not serious in nature.