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2022 Supreme(Guj) 172

B.N.KARIA
Gopal Lakshmi Prasad Sharma – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Hiren M. Modi, Advocate.
For the Respondents: Karna H. Dhomse and Hardik Soni, APP.

JUDGMENT :

B.N. Karia, J.

1. Present appellant filed Criminal Misc. Application No. 45 of 2021 below Exh. 6 before the court of learned 4th (Ad-hoc) Additional District & Sessions Judge, Navsari, Aahava u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on bail after he being arrested on account of an offence being registered vide C.R. No. 11219030210162 of 2021 with Saputara Police Station, Dang for the offence punishable u/s.376(2) (n), 312 of IPC and u/s. 3(1)(w) and 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "Atrocity Act"), wherein, the learned 4th (Ad-hoc) Additional Sessions Judge, Navsari, at Aahava dismissed the said application vide order dated 8.10.2021.

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

3. Heard learned advocates for the respective parties.

4. It was submitted by learned advocate for the appellant that the appellant is falsely implicated in the alleged incident. That, it appears from the allegations that the offence is committed from 10.10.2015 to 22.12.2020 and the complaint was filed on 29.7.2021. That, the appe

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