SHAILESHKUMAR @ MOHANBHAI JASHWANTSINH BIHOLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.64/2019 registered with Shaherkotda Police Station, District: Ahmedabad for the offences punishable under Sections 365, 323, 506(2) and 114 of the Indian Penal Code, Section 135(1) of the Gujarat Police Act and Section 3(2)(v-a) of the Atrocity Act.

(2.) In pursuant to the aforesaid FIR, earlier he has filed anticipatory bail before the City Sessions Court at Ahmedabad, which came to be rejected by the learned Special Judge, City Sessions Court, Ahmedabad and the same was challenged by filing Criminal Appeal No.510 of 2019, which was withdrawn by him on 20.03.2019. Thereafter, the appellants - accused have been arrested on 15.04.2019 and filed regular bail application before the City Sessions Court at Ahmedabad being Criminal Misc. Application No.2788 of 2019 which came to be rejected by the learned Special Judge, City Sessions Court No.19, Ahmedabad vide order dated 19.04.2019. According to them, they are innocent and they have been falsely implicated in the alleged offence. It is contended by the appellants that there is no any criminal antecedent of the appellants and no offence under the Atrocity Act is committed and they have not played active role in the so-called crime. It is also contended by the appellants that the complaint has been lodged by the complainant inter alia contending that the complainant's friend Mayur has love affair with the appellant's sister Rinkuben and both of them ran away and due to which, the present complainant has grievance against the appellants. According to the appellants, the entire story is not probable and believable and the FIR is lodged with a view to harass the appellants. According to them, they are ready and willing to abide by all the conditions which may be imposed by this Court while enlarging them on bail.

(3.) The complainant has filed affidavit-in-reply wherein he has objected to grant of bail and prayed to reject the present appeal on the ground that he was forcibly taken and beaten with plastic stick and he has taken medical treatment from the hospital. It is stated that he has been threaten with dire consequences. He has prayed to dismiss the appeal.