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Criminal Bail Application No.503 of 2022
MHNS010019532022
CRIMINAL BAIL APPLICATION NO.503/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE­11
NASHIK AT NASHIK.
Mr. Yash Ramesh Kalse
Age 23, Occ: Agri.
R/o. Girnare, Tal. Igatpuri,
Dist. Nashik.

..Applicant/accused
V/s.
State of Maharashtra
Through P.I. Igatpuri Police
Station
(CR No. 38 of 2022)
..Opponent
ORDER BELOW EXH.1
1.

The applicant/accused has filed this application for grant of
bail U/s.439 of the Cr.P.C. in Crime No.38/2022 of Igatpuri Police
Station for the offence punishable U/s.3(1)(r)(s), 3(2) (v­a) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
(hereinafter referred as ‘Act’) and Under Section 143, 147, 148, 149,
324, 323, 504 r.w. 34 of the Indian Penal Code (hereinafter referred as
‘IPC’).
2.

The case of the prosecution is that on 15/04/2022 the FIR
was lodged by one Rahul Prakash Jagtap stating that on 14/04/2022 at
about 16.00 hrs. he alongwith 100 to 125 people of The Samrat
Foundation Mandal had carried out chariot of Dr. Babaseheb Ambedkar
for procession. They had started said procession from Tinlakadi bridge
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Criminal Bail Application No.503 of 2022
at that time the applicant/accused were dancing in the said procession
and one of the applicant/accused was waiving the saffron flag. The said
flag caused injury to some of the persons in the said precession. So the
informant asked the applicant/accused to leave the said procession. At
that time the other accused abused the informant on castelines
assaulted him by means fighter on his head and the other accused
assaulted including this applicant by smacked them. They also pelted
the stones on the procession due to which informant and others have
sustained injuries. Hence the report was lodged by the informant in
Igatpuri Police station.
3.

The applicants have filed this bail application on the
ground that on the relevant day there was some minor quarrel in the
procession. Thereafter, the crime is registered against them only to
pressurize them. They are innocent and were not involved in the quarrel
but falsely involved in this offence. There is no incriminating evidence
against them and nothing is to be seized from them. There is no direct
or indirect evidence against them. The allegations in the FIR does not
attract the provisions of the Act. They are the only earning members of
their family.

They are ready and willing to abide the terms and
conditions imposed on them. So it is prayed that application be allowed
and they be released on bail.
4.

The APP and I.O. have contested this bail application by
filing pursis and say vide Exh.3 and 4. It is contended that the offence
charged against the applicant/accused is serious in nature. The
investigation is in progress and the statement of informant and witness
under Section 164 of Cr.P.C. is yet to be recorded. So if the applicant is
released on bail there is likelihood that similar serious offence will be
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Criminal Bail Application No.503 of 2022
committed by him. He is also likely to pressurize the witnesses. So it is
prayed that the application be rejected.
5.

The Informant Rahul Jagtap has also contested this
application by filing say vide Exh.5 and has prayed to reject this
application.
6.

Heard Ld. Adv. Mr.A.I. Deshmukh for applicant and Smt.

A.R. Patil, APP for the respondent/State. It is argued by the advocate for
applicant that due to some minor dispute between two groups at the
time of procession the offence is registered against the applicant. There
no specific allegations against the applicant in the FIR. So it is argued
that applicant be released on bail. Per contra, the APP argued that
considering the gravity of the offence and the fact that investigation is
at initial stage application be rejected.
7.

The FIR is lodged by Rahul Jagtap against the present
applicant and others alleging that on relevant day they have abused him
on cast lines in the procession and have assaulted him. They have also
pelted stones on the said procession. The applicant is charged under
Section 3(1)(r)(s)
of
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act the punishment prescribed for the said
offence is not less than 6 months but may extent to 5 years and with
fine. Whereas, the punishment provided for Section 3(2) (v­a) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is
as per the punishment under IPC for the offence. The applicant is also
charged under Section 323, 324 etc. of IPC for which punishment is
prescribed is up to 1 year and 3 years respectively. Hence, considering
the punishment prescribed for the offence, and the fact that the
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Criminal Bail Application No.503 of 2022
applicant is in MCR. since long, no purpose will be served by keeping
them behind the bar. Also considering the role allegedly played by this
applicant in this offence, it willbe justified to consider the prayer of
applicant.
8.

As regards the apprehension of APP and I.O. regarding
absconding of applicant and tampering of witnesses, conditions can be
imposed for the same and only for the said ground bail cannot be
refused. Also considering the fact that there are no criminal antecedents
of the applicant and as he is in judicial custody for some time and no
purpose would be served by detaining him in judicial custody when bail
is the rule and jail is the exception. Hence, I observe that by imposing
necessary conditions and taking sufficient security so that he does not
abscond or tamper with the investigation, he can be released on bail.
The present application thus deserves to be allowed. Accordingly I
proceed to pass the following order.
ORDER
1.

The application is allowed.

2.

The applicant/accused Yash Ramesh Kalse be released on bail on
his executing PB and SB of Rs.15,000/­ alongwith one surety in
like amount in crime No.38/2022 of Igatpuri Police station for an
offence punishable under sections U/s.3(1)(r)(s), 3(2) (v­a) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act and Under Section 143, 147,148, 149, 324, 323, 504 r.w. 34
of the Indian Penal Code
3.

The applicant/accused shall not abscond or tamper with
the investigation and shall not pressurize the informant and
witnesses.

4.

He shall attend police station on every Saturday from 11.00
a.m. to 3.00 p.m. till filing of the charge sheet.

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Criminal Bail Application No.503 of 2022
5.

He shall give address proof of his two near relatives for his
release on bail and also furnish his address proof.

6.

In the event of breach of any of the conditions his bail bonds
shall be liable to be cancelled.
RADHIKA
MADHUKAR
SHINDE
Date :­ 26/04/2022
Nashik
Digitally signed
by RADHIKA
MADHUKAR
SHINDE
Date:
2022.04.27
12:16:49 +0530
(Smt. R.M. Shinde)
Additional Sessions Judge,.
(Court No.11) Nashik.