ISHWARBHAI JIVAJI VANZARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocities Act") is directed against andated 13.05.2019 passed by the learned 9 th Additional Sessions Judge, Panchmahal at Godhra refusing anticipatory bail to the appellant.

(2.) The brief facts of the case are as under;

(3.) Heard Shri Chirag Prajapati, learned advocate for the appellant. He submitted that the first informant is referred by his own caste name, and therefore, he has not committed any offence as such under the Atrocities Act. Mere abuse, which may fall under the Indian Penal Code offence, cannot be invoked as abuse to his own caste. He has further submitted that there is no intentional insult or intimidation with an intent to humiliate the first informant about his caste. The first informant was never abused, and therefore, no offence under Section 3(1)(r),(s) of the Atrocities Act can be said to have been committed. He has further submitted that since there is no hurt as such caused to the first informant, which would constitute offence under Section 323 of the Indian Penal Code, and therefore, no offence under Section 3(2)(va) of the Atrocities Act can be said to have been committed, and therefore, this appeal for anticipatory bail be entertained.