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2022 Supreme(Guj) 317

B.N.KARIA
Biren Pravinchandra Soni – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sikander Saiyed, Advocate.
For the Respondents: Hardik Soni, APP.

JUDGMENT :

B.N. Karia, J.

1. The appellant has filed Criminal Misc. Application No. 42 of 2022 before the Court of learned 3rd Additional Sessions Judge, Gandhinagar u/s. 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellant on anticipatory bail in the event of his arrest on account of offence being registered vide C.R. No. II-3210 of 2017 with Chandkheda Police Station, Dist: Ahmedabad for the offence punishable u/s. 294(b), 506(2) and 114 of the Indian Penal Code and u/s. 3(1)(r), 3(2-va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocity) Act, 1989 (for short "the Atrocity Act") as well as u/s. 135(1) of the Gujarat Police Act wherein, the learned 3rd Additional Sessions Judge, Gandhinagar has rejected the said application on 13.01.2022.

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

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

4. Learned advocate for the appellant has submitted that the appellant is innocent person and wrongly involved in the present crime in question. That, there is no direct or indirect role attributed to the present

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