GOVINDBHAI RAVSARBHAI CHARAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No. 533 of 2019 before the court of learned Addl. Sessions Judge & Special Judge, Panchmahal u/s 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide I - C.R. No. 72 of 2019 with Godhara Taluka Police Station, Panchmahal for the offence punishable u/s. 504, 506(2) and 114 of IPC and u/s. 3(1)(R)(S), 3(2)(5)(A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein the learned 4th Additional Sessions Judge & Special Judge, Panchmahal, Godhara rejected the said application on 30.08.2019.

(2.) Heard Ms. Nidhi P Barot, learned advocate for the appellant; Mr. Pradeep J. Patel, learned advocate for the respondent No.2 and Ms. M.H.Bhatt, learned APP for the respondent - State.

(3.) Learned advocate for the appellant submits that the appellant has not committed the offence as alleged in the FIR and there is no prima facie case made against the present appellant. He further submits that the appellant has falsely implicated in the crime in question. He further submits that there is dispute regarding land between the appellant and the complainant and the appellant has filed RTS appeal before the Dy. Collector, Godhara against the complainant and others which is pending and because of the said dispute and with a view to harass the appellant, the complainant has filed false and vexatious FIR and therefore, this is a fit case to release the appellant on bail. He further submits that the appellant has been roped into the offence by the complainant with malice and bad intentions to harass the appellant . He further submits that other co ?accused was released on bail by the trial Court and therefore, on the ground of parity, this is a fit case to release the appellant on bail. He further submits that the basic ingredients of offence implicating under the Atrocities Act are missing.