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2020 Supreme(Guj) 648

ASHUTOSH J.SHASTRI
Shankarbhai Gomanbhai Kolipatel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr. N.K. Majmudar.
For the Respondent: Ms. Delnaz B. Shethna, Ms. Krishna R. Rawal, Mr. J.K. Shah, A.P.P.

ORDER :

1. The present criminal appeal is filed under Section 14(A) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocity Act”) for assailing the order passed by the learned 7th Additional Sessions Judge, Surat in Criminal Misc. Application No. 7314 of 2019 dated 24.12.2019, whereby the request for anticipatory bail came to be rejected.

2. The facts giving rise to the present appeal are that complainant – Navinbhai Gomanbhai Vasava lodged First Information Report, being C.R. No. I-10 of 2017 against the present appellants, who are accused persons, for the offences said to have committed on 07.02.2017. It has been asserted by the complainant that at about 8:00 p.m. in the night, when the complainant and his wife - Daxaben were sitting at home, since one of the relatives - Sureshbhai Kalidas Vasava and his wife Lalitaben Vasava came to meet them, at that point of time, the present appellants along with some 20 persons came to the place of the complainant and conveyed specifically that why a false complaint under Atrocities Act came to be filed against the relatives of the appellants, namely Dahyabhai Prabhubhai Patel, Ramubhai

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