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2024 Supreme(Guj) 17

J. C. DOSHI
ARVINDBHAI VAKTABHAI CHAUDHARY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : PADMRAJ K. JADEJA.
For the Respondents: TARUN H. RAWAT, H.K. PATEL.

ORDER :

1. By way of the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the ‘Act 1989’) the appellant-original accused has prayed to release him on regular bail in connection with FIR being C.R. No. 11191008230427 of 2023 registered with Chandkheda Police Station, Gandhinagar.

2. Learned advocate for the appellant submits that the appellant is behind bar since 28.08.2023. Investigation in the present case is complete. Charge-sheet is filed and therefore, all the evidence are lying with Investigating Officer and Court. Therefore, question of tempering with the evidence does not appear. Reading of FIR, he would submit that it is case of false promise. It is submitted that relationship entered between the appellant and victim are clear consent. Both are major and they knew each other since they were serving together. Thus, it is clear case of consensual relationship. It is further submitted that FIR does not disclose any words which indicates that victim was humiliated for her caste. Thus, prima facie, no case under Atrocities Act is made out. It is therefore, submitted to grant bail to the appellant.

3. Lear

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