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Cri.B.A.No.603/2022­Ex.1.

Order below Exh.1 in Cri. Bail Appln. No. 603/2022
Uttam Nivrutti Ghumare
..

Applicant/
Accused.

..

Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
MIDC Police Station, Sinnar.
Tal.Sinnar, Dist.Nasik.
(CR. No.I 128/2022)
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 the event of his arrest in the aforesaid Crime registered at MIDC
Police Station, Sinnar for the offence punishable under section 354,
354­A, 452, 323, 504, 506 of IPC & 8 and 12 of POCSO Act and u/s.
3(1)(r) and 3(1)(s) of the Scheduled Castes & Scheduled Tribes
(Prevention of Atrocities) Act.

Accordingly, this Court has granted
interim protection to the applicant on 13.05.2022 till final disposal of
this application.
2.

According to the prosecution, the FIR was registered on
10.05.2022 by the mother of the Victim alleging that on 08.05.2022,
she alongwith her husband and son had gone to her work­place and
the Victim was alone at home. Around 06.00 pm, one of the relatives
of the applicant by name Nitin Uttam Ghumre has entered the house
of the complainant, held the hands of the Victim and insisted her to
accompany him.

She resisted and started shouting for help.

On
hearing her cries, her parents rushed towards the house and found
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Nitin was dragging her towards outside.

Cri.B.A.No.603/2022­Ex.1.

They intervened and
separated him and also assaulted him with fist and kick blows. Nitin
managed to escape from there. Next day morning, around 10.00 am,
applicant along­with co­accused came to the house of the complainant
and questioned them as to why they assaulted Nitin. They also used
abusive language towards complainant and her family members.
They uttered
“vkEgh fHkYy lektkps vlY;kus rqEgkyk xkokr jkgw ns.kkj ukgh——–”
and also threatened them of dire consequences. The complainant then
approached the Police Station and lodged report. The applicant is
apprehending arrest at the hands of the Police and hence approached
this Court for protection.

4.

The ld. APP Smt. Sangale has strongly opposed the
application stating that the offence is serious in nature.

If the
applicant is released on bail, there is every possibility that he may
tamper with the witnesses and would not obey the terms and
conditions.

Hence, prayed for rejection of the bail.
The investigating officer has filed reply at Exh.7 and
strongly opposed the application and prayed for rejection. The victim
appeared before the Court and filed reply at Exh.7 in related
application and she has submitted that there is danger to the life of
her family members from the applicant, hence, prayed for rejection of
the application.

5.

After hearing both the sides, prima facie, it appears that
the complainant belongs to Bhill Caste and applicant belongs to
Maratha Caste. According to the prosecution, the incident took place
in the house of the complainant when applicant along with co­accused
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Cri.B.A.No.603/2022­Ex.1.

came to her house to question the assault on their relative.

So,
prima facie, the incident took place within the four corners of the
house. It it was in a confined area and the incident has not
taken place in the public so as to lower her dignity who belonged to a
scheduled Caste/scheduled tribe community. Public view is a sine qua
non to attract the offence under the Atrocity Act. In the case on hand,
admittedly, nobody witnessed the incident. Therefore, the ingredients
of the section are prima facie not attracted.

Considering the nature
of offence, I am inclined to confirm his interim bail on following
conditions.
Order
1.

Application is hereby allowed.

2.
Interim protection granted to applicant on 13.05.2022 is
hereby confirmed subject to same terms and conditions.
Inform concerned police station accordingly.

Date : 21.05.2022.
I/C
( Smt. S.S. Nair )
Addl. Sessions Judge­4, Nashik.
Addl. Sessions Judge­2, Nashik.