MOHAMMED ZAHID KASAMBHAI MEHTAR 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 appellant- original accused for bail in connection with the FIR being C.R. No.I-240 of 2018 registered with Bortalav Police Station, Bhavnagar for the offences punishable under Section 436 of the Indian Penal Code and Section 3(2)(4)(5) and 3(1)(z)(a)(e) of the Atrocity Act.

(2.) Short facts of the prosecution case are that the first informant- respondent No.2 has filed the complaint on 16.12.2018 for the incident allegedly occurred on 13.12.2018, in which fire had erupted in his scrap shop. It is alleged that on 14.12.2018, he had filed the complaint in Bortalav Police Station, wherein he had mentioned about the fire which had taken place and he had no doubt against anybody and after seeing CCTV footage, which is installed in the factory, opposite to his scrap shop, he found that one Arifbhai Kasambhai Mehtar and other three had thrown something in his scrap shop and they fled on his bike being No. GJ04 BM 6618. In his further statement, the complainant has changed his version that Arifbhai was not the person but the person who was present there was the present accused.

(3.) On the basis of the said complaint, the accused has been arrested. It is contended that thereafter, he filed bail application, being Criminal Misc. Application No.573 of 2019 before the Sessions Judge, which has been rejected by learned 5th Additional Sessions Judge, Bhavnagar vide order dated 15.4.2019.