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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
IDRISHKHAN ASRAFKHAN PATHAN – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. rule. learned app mr. (Para 1) |
| 2. present appeal under section (Para 2) |
| 3. the learned advocate for (Para 3) |
| 4. per contra, learned app (Para 4) |
| 5. having heard the learned (Para 5) |
| 6. considering the fact that (Para 6) |
| 7. i have also considered (Para 7) |
| 8. hence, the present appeal (Para 8 , 9) |
| 9. rule is made absolute (Para 10) |
ORDER :
2. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) challenging the order dated 30.12.2024 passed by the learned 5th Additional Sessions Judge, Banaskantha - Palanpur in Criminal Misc. Application No.1374 of 2024 whereby the learned Judge rejected the application filed by the present appellants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in connection with FIR being C.R. No.11195010240885 of 2024 registered with Palanpur West Police Station, Banaskantha for the offences punishable under Sections 64(1), 74, 351(3), 3(5) and 54 of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and sections 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v) and 3(2)(v-a) of the Scheduled Caste
Anticipatory bail can be granted if no prima facie case is established, and the bar under Section 18 of the Atrocity Act does not apply without substantiated allegations.
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie....
The absence of a prima facie case for caste-based assault under the Atrocities Act led to the granting of anticipatory bail.
(1) Atrocities Act, 1989 – Public view – to attract Section 3(1)(r), 3(1)(s) as well as 3(2)(va) as alleged by the prosecution, intention on the part of the accused persons to intimate with intent to....
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