Back
HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Vikrambhai Hamirbhai Virda – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Though served, respondent No.2 has chosen not to appear before this Court.
[1.0] ADMIT. Learned APP waives service of notice of Rule on behalf of respondent No.1 – State of Gujarat.
[2.0] 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 11.10.2024 passed by the learned 2nd Additional Sessions Judge, at Keshod in Criminal Misc. Application No.387 of 2024 whereby the learned Judge rejected the application filed by the present appellant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”) seeking anticipatory bail in connection with FIR being C.R. No.11203030240683 of 2024 registered with Keshod Police Station, District Junagadh for the offences punishable under Sections 64(2)(m and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and sections 3(1)(w), 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act.
[3.0] Learned advocate for the appellant submitted that the appellant has been falsely involved in the offence. The appellant as well as victim both are major. Th
Anticipatory bail may be granted if prima facie evidence is lacking, considering the nature of allegations and the accused's cooperation with the investigation.
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.
(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....
The absence of a prima facie case for caste-based assault under the Atrocities Act led to the granting of anticipatory bail.
The main legal point established in the judgment is that the grant of anticipatory bail should be considered in light of the specific allegations, credibility of the complainant, and the applicabilit....
Anticipatory bail should be denied when there is prima facie evidence of involvement in serious offenses, especially to prevent tampering with evidence and ensure a fair investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
