Cri.B.A.No.1205/22 Order Ex.1.
Order below Exh.1 in Bail Application No. 1205/2022
Kondaji Rambhau Matere .. Applicant / Accused.
Vs.
The State of Maharashtra through Police Inspector, Vani Police Station, Vani C.R.No.215/2022. .. Prosecution
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 the event of his arrest in the aforesaid Crime registered at Vani Police Station, Vani for the offence punishable under sections 323, 353, 504, 506 r/w. 34 of the Indian Penal Code and u/s. 3(1)(r) & 3(1)(s) of the SC & ST (Prevention of Atrocities) Act and accordingly interim protection was granted to applicant.
2.Heard learned Advocate Shri S.R.Borade for applicant and learned APP Smt. Sangale. Informant is also present before the Court.
Also perused case papers and say filed by informant.
3.It is the case of the prosecution that the applicant and informant had land dispute. On that count, applicant abused and threatened the informant and his family members on two occasions i.e. on 22.08.2022 and on 26.08.2022. There are allegations that the applicant also abused the applicant by using abusive words in the name of caste of the informant and thereby humiliated him and his family members.
4.Learned Advocate for the applicant submitted that the background facts are necessary to be taken into consideration.
Applicant and his wife purchased agricultural land from the complainant in the year 2017 & 2018. Copies of saledeeds are produced on record to that effect. Even, effect of sale transaction is given in the revenue record vide ME No.6213 and 6263. After four years, informant started demanding share in the well in Gat No.460 which was refused by the applicant. Therefore, informant threatened the applicant to falsely implicate by lodging complaint as per the provisions of Atrocities Act.
The applicant has lodged complaint to that effect to Dy. Superintendent of Police, Nashik. Copy of the same is produced on record.
5.Thus, delay in lodging report which is near about one month and the previous complaint lodged by applicant against the informant, prima facie indicates that the false implication cannot be ruled out.
Prima facie case is not made out on the basis of averments in the report.
On these amongst grounds, interim bail was granted to applicant. Now say is filed by the investigating officer with formal objections. Learned Advocate for the applicant produced copy of proceeding u/s. 5 of Mamletdar Court’s Act which is initiated by applicant against the informant. Thus, overall dispute between the parties appears to be on the basis of landed property and found to be of civil in nature.
6.The ld. Advocate for the Applicant submitted that the applicant do not have criminal antecedents. He is reputed person. He is permanent local resident. Therefore, considering all these aspects, this Court is of the view that interim relief granted to the applicant can be confirmed. Hence, the order.
:: O R D E R ::
1] The application ( Exh. 01) is allowed.
2] Interim protection granted to applicant on 04.10.2022 is confirmed subject to same terms and conditions.
Digitally signed by ADITEE ADITEE UDAY UDAY KADAM KADAM Date: 2022.10.17 18:12:33 – 0600 Nashik (Aditee U. Kadam) Date : 14.10.2022. Additional Sessions Judge2, Nashik.