MAHESHBHAI FAKIRBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed Criminal Misc. Application No.5639 of 2019 before the Court of 5th Additional District and Sessions Judge, Surat u/s 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on anticipatory bail in the event of his arrest on account of offence being registered vide I - C.R. No.119 of 2019 with Palsana Police Station, Surat (Rural) for the offence punishable u/s 376(2)(J)(N), 315 and 114 of the Indian Penal Code and Sections 3(A), 4, 5(L), 6 and 17 of the Protection of Children from Sexual Offences Act, 2015 and also u/s 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocity Act"), wherein the 5th Additional District and Sessions Judge, Surat rejected the said application.

(2.) Feeling aggrieved by the said order, the appellant preferred said appeal u/s 14A of the Atrocity Act.

(3.) Heard learned advocate Ms. Sandhya D. Natani for the appellant, learned advocate Mr.Rushabh R. Shah, for the respondent no.2 and learned APP Ms.Monali Bhatt for the respondent no.1- State.