The court emphasized that vague allegations against the appellant failed to substantiate a case under the Atrocities Act, warranting anticipatory bail.

ORDER

1. ADMIT. Learned Additional Public Prosecutor Mr. J.K. Shah for respondent No.1- State and learned advocate Mr. Premal S. Rachh for respondent No.2- complainant waive service of notice of admission.

2. By way of this appeal under Section 14A of the Scheduled Caste and Scheduled tribes (Prevention of Atrocities) Act, 1989, (for short ‘Atrocities Act’), the appellant- original accused No.3 has prayed for anticipatory bail in connection with the FIR, being C.R. No.11199039210075 of 2021 dated 25.2.2021 registered before Palej Police Station, Bharuch for the offences punishable under Sections 143, 147, 148, 149, 323, 326, 354(A) and 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act, Sections 3(1)(r), 3(1)(s), 3(2)(5-A) and 3(1)(w-2) of the Atrocities Act.

3. The case of the appellant is that the appellant is apprehending his arrest in connection with the aforesaid FIR, which came to be filed on the premise that the complainant and his sister were passing through the market, one of the accused persons had tried to harass the sister of the complainant and thereafter, the entire incident had taken place. According to the complainant, at around 4 O’clock, with the other accused, the appellant went to the house of the complainant and thereafter, there was exchange of words, which has resulted into utterance of words on the caste of the complainant. All the accused started beating the complainant and his father and since the father sustained injury, according to the complainant, this appellant, who has been shown as accused No.3, took his father to the hospital for immediate medical treatment and the appellant has not been attributed with any specific allegation about commission of the crime nor has uttered words which may attract the provisions of the Atrocities Act. But, since the appellant was apprehending his arrest in connection with the aforesaid complaint, he preferred Criminal Misc. Application No.197 of 2021 before learned Special Judge (Atrocities), Bharuch, however vide order dated 18.3.2021, learned Judge was pleased to reject the anticipatory bail, as a result of which, feeling aggrieved by and dissatisfied with the said order and for seeking protection against the arrest, the present criminal appeal is filed, as stated above.

4. The appeal was initially placed for hearing before the Coordinate Bench and after hearing, following order was passed on 6.4.2021:- Having regard to the role of the present appellant alleged in the FIR and further, there is vague allegation as to abuse of caste of the first informant and therefore, applicability of provisions of the SC/ST Act is doubtful and therefore, present appeal deserves consideration.

Notice returnable on 15.6.2021. Learned APP waives service of notice for the respondent – State and learned advocate Mr. Rachh waives service of notice for the respondent No.2. Meanwhile, no coercive steps shall be taken against the appellant. However, the investigation shall go on in accordance with law. The appellant shall remain present at concerned police station on 15.4.2021 between 10:00 a.m. and 2:00 p.m. Thereafter, from time to time, the interim relief granted is extended.

With this background, the present criminal appeal is placed for hearing before this Court.

5. Learned advocate Mr. Parthiv B. Shah appearing on behalf of the appellant has submitted that from the bare reading of t