1 Cri.B.A.No.1106/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1106/2022
1/ Subhash Ramkrushna More & others ..Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Dindori Police Station, Dindori. (Cr. No.I 310/2022)
.. 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 Dindori Police Station, Dindori for the offence punishable under sections 143, 147, 148, 149, 323, 324, 504, 506 of the Indian Penal Code and under Sections 3(2)(va) & 3(1)(r), 3(1)(s) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act and prayed for interim protection.
2.Heard Mr. P.R.Shejwal, learned Advocate for applicants, ld. APP Smt. Sangale. The informant appeared through learned Advocate Shri Nanaware and filed say at Exh.9 and resisted the application. 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 06.09.2022 whereas report came to be lodged on 07.09.2022. Delay in lodging report prima facie create doubt about its veracity. There is a case and counter case. Applicant party have also lodged report against the informant party. It appears from the record that the incident occurred on 06.09.2022 which was of accident.
Prima facie intention on part of applicants/accused is found to be in cloud. Law is well settled that there is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act, if no prima facie case is made out. It appears from the record that the incident occurred on 06.09.2022 which was of accident. Prima facie intention on part of applicants/accused is found to be in cloud.
5.Now, investigating officer has filed a say and raised formal objections. The ld. Advocate for the Applicants submitted that the applicants do not have criminal antecedents. They are reputed person. They are permanent local resident. 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 12.09.2022 stands confirmed subject to same conditions.
3] Inform P.S.O. concerned accordingly.
Digitally signed by ADITEE ADITEE UDAY KADAM UDAY KADAM Date: 2022.09.21 11:37:25 – 0600 Nashik (Aditee U. Kadam) Date : 20.09.2022. Additional Sessions Judge2, Nashik.