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2022 Supreme(Guj) 298

B.N.KARIA
Sureshbhai Bhupatbhai Devipujak (Vaghri) – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Kshitij M. Amin and Darshan A. Dave, Advocates.
For the Respondents: Hardik Soni, APP.

JUDGMENT:

B.N. Karia, J.

1. The appellant preferred one Criminal Misc. Application No. 399 of 2021 before the Court of learned Special Judge (POCSO) & 3rd Additional Sessions Judge, Bharuch u/s. 439 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on regular bail on account of offence being registered vide I-C.R. No. 39 of 2013 with Amod Police Station, Bharuch for the offence punishable u/s. 363, 366, 376, 323 and 114 of the Indian Penal Code and u/s. 3(1) (12) and 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act") as well as u/s. 4, 6 and 12 of the POCSO Act wherein, the learned Special Judge (POCSO) & 3rd Additional Sessions Judge, Bharuch rejected the said application on 11.06.2021.

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

3. However notice was served to the respondent No. 2, she was not remained present either in person or through an advocate to contest this criminal appeal.

4. Heard learned advocate for the appellant and learned APP for the respondent-State.

5. Learned advocate for the appellant has submitted that appel

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