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2022 Supreme(Online)(Guj) 1706

GUJARAT HIGH COURT
BAKHUDIYA RASILABEN MELABHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Present appellants filed Criminal Misc. Application No. 292 of 2021 before the Court of learned 3rd Additional Sessions Judge, Viramgam u/s. 438 of the Code of Criminal Procedure, 1973 requesting to enlarge the appellants on anticipatory bail on account of offence being registered vide C.R. No.11192060210571 of 2021 with Viramgam Rural Police Station for the offence punishable u/s. 143, 146, 323, 504, 506(2) and 427 of Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short "the Atrocities Act"), wherein learned 3rd Additional Sessions Judge, Viramgam rejected the said application on 28.09.2021.

2. Feeling aggrieved by the said order, appellants have preferred present appeal under Section 14(A) 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 appellants and learned APP for the respondent-State.

5. Learned advocate for the appellants has submitted that the FIR is lodged under Section 3(1)(r) and 3(1)(s) of the Atrocities Act

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