Ilesh J.Vora,J. - (1.)By this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act" for short), the appellant has challenged the order dated 18.01.2021 passed in Criminal Misc. Application No.09 of 2021 by learned I/c. Additional Sessions & Special (Atrocity) Judge, Tapi, at Vyara, whereby, the application filed by the appellant seeking anticipatory bail under Section 438 of the Cr.P.C in the event of his arrest in connection with the FIR being C.R.No.11824004201227 of 2020, registered at Songadh Police Station, Dist. Tapi , for the offence punishable under Sections 376, 406, 419, 323, 506(2) and 114 of the Indian Penal Code and under Sections 3(1)(r) and 3(2) (v) of the Atrocities Act, has been dismissed.
(2.)Heard Mrs. Sangita Pahwa, learned counsel for Thakkar and Pahwa Advocates for the appellant, Ms. Krina Calla, learned APP for the respondent State and Mr. Sudhanshu A. Jha, learned counsel for the respondent no.2-original complainant.
(3.)It is the submission of learned counsel for the appellant that the appellant has been falsely implicated in the alleged offence with a malafide intention to restrain the appellant from participating in the Municipal elections. That the complainant is not belonging to Scheduled Caste and Scheduled Tribe and in that view of the matter, the provisions of the Atrocities Act are not attracted. That no prima-facie case is made out against the appellant for an offence under the provisions of the Atrocities Act. That the FIR is filed out of vengeance against the accused no.1-Nazir Ganibhai Saiyad with whom the informant had dispute in respect of their relations, as a result of which, the appellant is made a scapegoat to bring pressure on him. That the appellant is not having any criminal antecedents and is permanent resident of Vyara and is not likely to abscond. Under such circumstances, learned counsel for the appellant prays to extend the benefit of pre-arrest bail to the appellant.