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2021 Supreme(Online)(Guj) 825

GUJARAT HIGH COURT
ROHITBHAI @ KALU S/O PRAVINBHAI DABHI (THAKOR) – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

1. Heard Mr. Himanshu Padhya, learned advocate for the Appellant as also Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the respondent-State.

2. This Appeal is filed under Section 14A of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 praying for regular bail in connection with the FIR being C.R. No.I-11195010200292 of 2020 registered with Palanpur City West Police Station for the offences punishable under Sections 302, 34, 201 of Indian Penal Code and under Sections 3(1) (r) (s), 3(2) (v) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989.

3. Mr. Padhya, learned advocate for the Appellant submitted that since the FIR came to be filed against an unknown person, the case against the Appellant rests on circumstantial evidence. According to his submission there were two witnesses i.e. Narpatsinh Chabhalsinh Chauhan and Mobatsinh Bharatsinh Chauhan who had seen present Appellant, co-accused and the deceased quarreling at about 11:00 p.m. on 10.6.2020. However, there is no material on record to show that there was any light so that they could identify the present Appellant as also the co-accused. N

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