JUDGMENT :

B.N. Karia, J.

1. Present appellant filed Criminal Misc. Application No. 530 of 2021 before the court of learned 3rd Additional Sessions Judge and Special Judge (Atrocity), Amreli u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge him on regular bail on account of offence being C.R. No. 11193003211106 of 2021 registered with Amreli City Police Station, District: Amreli for the offence punishable under Sections 376(2)(n), 376(2)(f), 376(c), 506(2), 509, 114 of the Indian Penal Code; Section 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act") and Section 66(E) of the I.T. Act, wherein the learned 3rd Additional Sessions Judge and Special Judge (Atrocity), Amreli rejected the said application on 02.11.2021.

2. Feeling aggrieved by the said order, appellant has preferred this appeal u/s. 14A of the Atrocities Act.

3. Heard learned advocate for the appellant; learned advocate for the respondent no. 2 and learned APP for the respondent-State.

4. Learned advocate for the appellant has submitted that the present appellant is wrongly involved in the offence by the Investigating Agency. That, the appellant is absolutely innocent person and has not committed any offences whatsoever much less as enumerated in the FIR. It is further submitted that appellant is a practicing government pleader in the Sessions Court, Amreli and also appearing as public prosecutor in Atrocity Case No. 5 of 2020 wherein the original complainant has submitted one application on 06.07.2021 with a prayer to add some name of the accused.

4.1. It is further submitted that appellant is public prosecutor on behalf of State in the same case, complainant contacted the appellant and going through the case papers, the appellant refused to file such application as no such evidence was available as claimed by the complainant. As the request of the complainant was not accepted by the appellant, straightway complainant has submitted an application before the court, which was kept for hearing.

4.2. It is further submitted that in fact the complainant came into the chamber of the appellant and in presence of junior advocate administered threat to face serious consequences as the appellant did not accept her request. That complainant had also filed an Inquiry Case No. 14 of 2021 against the advocates, practicing at Dhari Court namely Mr. Dilipbhai and advocate Mr. Trivedibhai.

4.3. Learned advocate for the appellant has referred the relevant documents produced by the appellant and submitted that complainant has filed numerous FIRs for the rape against the group of persons at different places. He has also referred copies of the FIRs filed by the original complainant/respondent No. 2 against the group of persons.

4.4. It is further submitted by learned advocate for the appellant that appellant, being a government pleader has occasionally received the call/made the call with regard to the case with the complainant. That there are five to six cases registered against the complainant with Dhari police station. He has referred the documents showing the details of these cases and also documentary list.

4.5. It is further submitted by learned advocate for the appellant that not only at Amreli but even at Rajkot and Ahmedabad, FIRs were filed by the respondent No. 2 against group of persons about video clipping, and thereafter, by accepting huge amount, matter was compromised as a whole or part for particular accused.

4.6. It is further submitted that one of the victim in connection with the FIR registered with Amreli City police station had preferred Criminal Misc. Application No. 25771 of 2017 before this Court for quashing of the FIR. It is further submitted that co-accused in the present case namely Tosikbhai Rahimbhai Rathod is released on bail by the learned Sessions Court, Amreli in Criminal Misc. Application No. 519 of 2021 vide order dated 02.11.2021. That in fact n