RAMESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr. Pranav Trivedi, learned Additional Public Prosecutor, and Mr. Harshit Karithiya, learned advocate for the respondent no.2 - original complainant waive service of notice of admission on behalf of respective respondents.

(2.) This appeal has been preferred under section 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocities Act' for short) seeking anticipatory bail in connection with the first information report being FIR No.11213016200636 of 2020 registered with Gondal Taluka Police Station for the offences punishable under sections 3(2)(va), 3(1)(r) and 3(1)(s) of the Atrocities Act and Sections 5, 40 and 42 of the Money Lenders Act.

(3.) Learned advocate Mr. Pratik Barot for the appellant submitted that the major allegations against the appellant is that he had lent an amount of Rs.4,500/- on two occasions on different intervals to the complainant - respondent no.2 on conditions that the interest amount of Rs.3,000/- was to be paid periodically. However, on account of the national lock-down, the respondent no.2 could not pay the interest amount and it got accrued with the principal amount. Learned advocate for the appellant further submitted that as per the FIR, the allegation is that the appellant had humiliated respondent no.2 by making casteist remark on two occasions, which according to the respondent no.2, was heard by one of his companions namely Kalpesnbhai Muljibhai, and one of the conversation was on speaker phone mode at the relevant time. It is alleged that as the present appellant had insulted and humiliated the respondent no.2 by his caste and had demanded illegal amount, the offence under the provisions of Atrocities Act and under the provisions of Money Lenders Act had been committed. It was, therefore, prayed that discretion may be granted in favour of the appellant.