Order below Exh.1 in Cri. Bail Application No. 366/ 2022
Kalu Ganpat Burde … Applicant Accused.
Vs.
The State of Maharashtra through PI Dindori Police St. … Respondent. (Cr. No. I 66/2022)
Order below Exh. 1
1.This application has been filed by the applicant/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in Crime. No.I 66/2022 registered at Dindori Police Station for the offences punishable under sections 323, 504, 506 of the Indian Penal Code alongwith Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. Accordingly, interim protection was granted to the applicants in Cri. Bail Application No.325/2022 on 25.03.2022 by this Court till disposal of the main application.
2.According to the prosecution case, the complainant lodged report on 18.02.2022 alleging therein that on 16.02.2022 when he returned home from his office by Car, he could not get place to park his vehicle as procession of Khanderao Maharaj Yatra was passing through that place. So he parked his vehicle by the side of the road. The applicant then told him not to park his Car by the side of the road as it would be an obstruction to the Procession. The complainant didn’t remove his Car, on this, the applicant abused him by saying “dksGiV;kauk vDdy ukgh] rqeps fpMheqaxh lkj[ks thou vkgs” relating to his Caste. This result in exchange of hot words between them. He then went to the police station to lodge FIR. The Police registered noncognizable case (Panaka Register). On 18.02.2022, he came to know that the applicant belong to Maratha Caste and he was aware of the Caste of the complainant. Despite this, he along with coaccused abused the complainant and his family members relating to their Caste.
Thus, he is apprehending his arrest at the hands of the Police.
3.The ld. Counsel Mr. A.K.Chandgude submitted that the applicant is innocent and has not committed any offence.
The complainant has already lodged one NC bearing No.153/22 in Dindori Police Station alleging therein that owing to previous dispute, quarrel took place between them. At that time, complainant did not mention that applicant had abused him relating to his Caste. Now he has concocted the story and made false allegations. He is ready to abide by each and every conditions if any imposed by this Court. Considering the nature of offence, he prayed for releasing the applicant on anticipatory bail by confirming the order dated 25.03.2022.
In support of his contentions, the ld. Counsel for applicant relied on the reported cases in the case of Dada @ Anil Navnath Murkute Vs. State of Maharashtra, LAWS(BOM) 2020 8 26 and Kailas Shankarlal Soni Vs. State of Maharashtra, LAWS(BOM 202112189 and submitted that considering the ratio laid down in the above reported rulings, applicant be released on anticipatory bail.
4.The investigating officer has opposed the application by filing reply at Exh.9 and strongly resisted the application on the ground that since the registration of offence, the applicant is absconding. He has not cooperated with investigation. The accused and complainant are resident of same village and there is every possibility of tampering with evidence. The investigation is at its initial stage. His custodial interrogation is necessary. Hence, prayed for rejection of the application.
The ld. APP Smt. Archana Patil has argued in the line of submissions made by the investigating officer and prayed for rejection of the application.
The original complainant appeared and filed his reply vide Exh.6 and strongly opposed the application on the ground that if applicant gets bail, he may threaten or pressurize him and may tamper with the evidence. One offence is also registered against the accused Yogesh Madhave Burde at Bhadrakali Police Station. Hence, he prayed for rejection of the application.
5.After hearing both the sides and on perusal of case papers, it appears that when the incident took place, complainant has not stated anything about the abuses uttered by the applicant at the first instance relating to his Caste. So there is every possibility that abuses are added subsequently to enhanced the gravity of the offence. So, considering the nature of dispute, their strained relations, I am inclined to confirm the interim protection granted to the applicant on 25.03.2022 subject to following conditions.
ORDER
1/ Application Exh.1 is hereby allowed.
2/ In the event of arrest of Applicant/ accused – he shall be released on anticipatory bail on furnishing his P.R.bond of Rs.20,000/ with one or more sureties in the like amount.
(a) not to act in the manner injurious to the interest of the prosecution.
(b) maintain law and order and shall not pressurize the complainant and tamper with evidence in any manner.
(c) furnish the address of his residence, copy of Pan or Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3/ The applicant/accused is directed to cooperate with investigation as and when called by the investigating officer and not to commit breach of any of the above conditions, else, the bail granted to him shall liable to be cancelled.
Inform concerned Police Station accordingly.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.04.01 17:08:56 -0600
( Smt. S.S. Nair ) Date : 01.04.2022. Addl. Sessions Judge4, Nashik. 5 Cri.B.A.No.366/22Ex.1