CHAMPAKBHAI LALUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal 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 anticipatory bail in connection with the FIR being C.R. No.I-06 of 2019 registered with Vapi Town Police Station, Valsad for the offences punishable under Sections 325, 506(2) and 114 of the Indian Penal Code and Section 3(2) and 5(A) of the Atrocity Act.

(2.) It is the case of the appellants that one FIR came to be registered before Vapi Town Police Station by the respondent No.2 herein for the aforesaid offences on the allegation that the complainant has made several applications against the present appellants and has also filed writ petition before the High Court and due to that grievance, when the complainant was leaving his office, and shutting the shutter of his office, at that time, the petitioners have used filthy language and abused on his caste and Champakbhai caught hold of him. His son started beating the complainant with a stick, wherein the complainant got injured and on medical examination, it was found that he had sustained fracture on left hand last finger and from the hospital, he has filed the complaint.

(3.) It is contended by the appellants that they are innocent and they have preferred anticipatory bail application before learned Sessions Court, being Criminal Misc. Application No.356 of 2019, which has been rejected by 3rd (Ad-hoc) Additional District & Sessions Judge, Valsad on 13.2.2019. According to them, they are innocent and they have not committed such an offence and the complainant, being an advocate, has managed the police and other authorities and he is forcing the appellants to sell out the properties in his favour and due to that, a false FIR against the them is filed. It is contended that they are not likely to run away. They have prayed to allow the appeal.