ROSHANBHAI HASANBHAI RANGSAJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Ms.Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of admission for respondent No.1 - State.

(2.) 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 appellants - original accused for bail in connection with the FIR being I - C.R.No.03/2019 registered with Aamletha Police Station, District: Narmada for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and Section 3(2)(v-a), 3(1)(w)(i), 3(2)(5) of the Atrocity Act and Sections 3, 4, 12, 16 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter be referred to as "the POCSO Act").

(3.) As per the allegations made in the complaint, the present appellants are named in the FIR for the allegation that they have abetted in the offence committed by the main accused by keeping them at their residence. It is further contended that they have been arrested on 28.02.2019 and this is an appeal for regular bail before filing of the charge-sheet. It is contended that they have preferred bail application being Criminal Misc. Application No.66 of 2019 before the District and Sessions Court, Rajpipla which came to be rejected vide order dated 08.03.2019 by the learned Additional Sessions Judge, Rajpipla. It is also contended that they are innocent and they have been falsely implicated in the alleged offence. It is further contended that appellant No.1 is aged about 25 years and appellant No.2 is aged about 45 years and the appellant No.1 is brother and appellant No.2 is mother of the main accused. It is also contended that the story put forward by respondent No.2 is not believable insofar as the only role which is alleged is regarding the abetment and except that there is no other offence is said to have been committed by the present appellants. It is contended that the appellants are ready and willing to abide by all conditions which may be imposed by this Court. They have prayed to release them on bail.