BECHARBHAI JIVABHAI DHANDHAL (RABARI) 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) Amendment Act, 2015 (hereinafter referred to as "the Atrocity Act" for short) at the instance of the appellant original accused for the anticipatory bail in connection with the FIR being C.R.No. I - 72/2018 registered with Thangadh City Police Station, District: Surendranagar for the offences under Sections 323, 325, 114 of the Indian Penal Code, under Section 135 of the Gujarat Police Act and Section 3(2)(v-a) of the Atrocity Act.

(2.) The appellant herein has stated that the impugned FIR has been lodged by the complainant on the allegation that on 09.11.2018 at around 6.00 p.m., all the accused persons were standing nearby water pit situated on opposite side of complainant's agricultural land where the present accused asked the complainant that why he was denying them to unfill the said water pit and after that the present accused told other two accused persons namely Bechar Rana and Sangram Jiva to beat the complainant got fracture on his right arm and fracture on first finger of his left hand and his son namely Pravin also got injuries on his left hand and back.

(3.) Heard Mr.Sajid Kariyaniya, learned advocate for the appellant, Ms.Monali Bhatt, learned Additional Public Prosecutor for respondent No.1 and Mr.Hemant Makwana, learned advocate for respondent No.2. I have perused the papers made available by the prosecution as well as annexed with the memo of appeal.