S.H.Vora, J. - (1.)By way of the present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the 'Act, 1989')., the appellant original accused challenges the order dated 4.11.2020 passed by the learned 1th Sessions Judge (Special Judge, Atrocity Cases), Vadodara in Criminal Misc. Application No.2092 of 2020 whereby, the learned Sessions Judge refused to grant regular bail under Section 439 of the Code of Criminal Procedure to the appellant original accused in connection with the F.I.R. being C.R.No.11196016201050 of 2020 registered with Makarpura police station for the offence punishable under Sections 306, 498A, 506(2) of the IPC and section 3(2)(v) of the SC/ST Act.
(2.)Learned advocate Ms. Shivangi Rana appears for respondent No.3 and objected the criminal appeal by filing affidavit-in-reply and prays to dismiss present criminal appeal.
(3.)Heard learned advocates appearing for the respective parties and perused the papers supplied during the course of hearing. It appears that the incident in question took place on 5.6.2020, wherein daughter of respondent No.3 committed suicide. It seems that both the deceased and the appellant were married in the year 2010 and they have two children out of said wedlock. On account of some disputes as to character of both the husband and wife, quarrel took place in the month of September, 2019 and the deceased thereafter, left her matrimonial home with her children. Subsequently, the matter was settled and the deceased resumed her matrimonial life with the appellant. After resumption of matrimonial life, no any allegation as to any dispute or mental or physical torture is alleged by the complainant in the FIR and no any independent witness has so alleged in the police Statement. No any past antecedent is registered against the appellant and there is no whisper as to commission of any offence punishable under the provisions of SC/ST Act or occurrence of the incident as to the caste of the deceased.