1 Cri.B.A.No.930/22OrderEx.1.
Order below Exh.1 in Bail Application No. 930/2022
1/
Harshad Shankar Shinde & Ors. 4 .. Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Gangapur Police Station, Nashik. (Cr. No.I 149/2022)
.. Prosecution
Order below Exh.1.
1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in the event of their arrest in the aforesaid Crime registered at Gangapur Police Station, Nashik for the offence punishable under section 354A, 504 r/w. 34 of the Indian Penal
Code and under Sections 3(1)(s) & 3(1)(r) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act and accordingly, interim protection was granted to applicants.
2.Heard Mr. Y.R.Wagh, learned Advocate for applicant, ld. APP Smt. Jadhav. The informant is also present alongwith learned Advocate Smt. Deshpande. IO is present. Perused the papers.
3.It is the case of the prosecution that the applicants have threatened and abused the informant by uttering abusive words on caste thereby humiliated and insulted the informant.
4.On perusal of record, it reveals that general allegations are made in the report against all the accused.
Incident allegedly occurred on 04.06.2022 whereas report came to be lodged on 19.07.2022. Delay in lodging report prima facie create doubt about its veracity. Moreover, dispute is based on the financial
transaction between informant and relatives of applicants. The applicants have no direct concern with the said transaction. are against accused No.1.
Allegations of outraging modesty As such, prima facie, involvement of the applicants in alleged offence is found to be dubious one. On these amongst ground, interim bail was granted to applicants on 26.07.2022.
5.Now, investigating officer has filed a say and raised formal objections. It appears that applicants have cooperated the investigation. The ld. Advocate for the Applicants submitted that the applicants do not have criminal antecedents. They are resident. They are permanent local reputed person.
Therefore, considering all these aspects, this Court is of the view to confirm the interim protection granted to applicants. Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] The interim protection granted to applicants on 26.07.2022 stands confirmed subject to same conditions.
3] Inform P.S.O. concerned accordingly.
ADITEE UDAY KADAM Nashik Date : 03.08.2022. Digitally signed by ADITEE UDAY KADAM Date:
2022.08.03 17:49:28 0600 (Aditee U. Kadam) Additional Sessions Judge 2, Nashik.