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2022 Supreme(Guj) 260

B.N.KARIA
Vardhabhai Joitabhai Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Hriday Buch and N.P. Chaudhary.
For the Respondents: Ankit Y. Bachani and Hardik Soni, APP.

JUDGMENT :

B.N. Karia, J.

1. Present appellants filed Criminal Misc. Application No. 728 of 2021 before the Court of learned Sessions Judge, Deesa u/s. 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on anticipatory bail on account of offence being registered vide C.R. No. 11195018211079 of 2021 with Dhanera Police Station, Banaskantha for the offence punishable u/s. 323, 294(b), 506(2), 328 and 114 of Indian Penal Code and Section 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(a) and 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein learned Sessions Judge, Deesa rejected the said application on 07.12.2021.

2. Feeling aggrieved by the said order, appellants have preferred present criminal appeal under Section 14 of the Atrocities Act.

3. Heard learned advocate for the appellants, learned APP for the respondent-State and learned advocate for the respondent no. 2.

4. It is submitted by learned advocate for the appellants that the appellants are innocent persons and have no nexus with the present crime and no any alleged offence is made out when the complainant himself came in the field of the

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