1
Cri.B.A.No.898/22OrderEx.1.
Order below Exh.1 in Bail Application No. 885/2022
Ajay Rajendra Pagar
..
Applicant/
Accused.
..
Prosecution
Vs.
The State of Maharashtra
through Police Inspector,
Kalwan Police Station, Kalwan.
(Cr. No.I 133/2022)
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 Kalwan Police
Station, Kalwan for the offence punishable under section 323, 324, 504,
506 r/w. 34 of the Indian Penal Code and under Sections 3(1)(r)(s) &
3(2)(va) of the Scheduled Caste & Schedules Tribes (Prevention of
Atrocities) Act.
2.
Heard Learned Advocate Shri V.P.Pagar, for the applicant and
learned A.P.P. Smt. Jadhav for the State. Also heard ld. Counsel Shri
A.g.Donde for the informant. IO is also present. Perused the papers of
investigation.
3.
It is the case of the prosecution that the applicant and other
accused have threatened and abused the informant by uttering abusive
words on caste thereby humiliated and insulted the informant. Further it
is the case of prosecution that the applicant and other accused have
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Cri.B.A.No.898/22OrderEx.1.
assaulted him with fist and blows and also by rod.
4.
Ld. Advocate for the applicant pointed out that the report
lodged by the informant did not contain any allegations as to abusive
words uttered by the applicant. There are no specific averments in the
complaint as to the insult, intimidation with intent to humiliate the
informant by calling with the caste name.
5.
Ld. Advocate for the informant i.e. intervenor and ld. APP
have objected the application filed by the applicant and submitted that
there is a bar under Section 18 of SC & ST Act. Therefore, as per the bar
u/s. 18A of the Act, bail application u/s. 438 of Cr.P.C. shall not apply.
It is further submitted that the informant was brutally assaulted by the
accused persons.
investigation
Investigation is at premature stage.
is required to be done.
Thorough
For that purpose, custody of
applicant is necessary. Hence, his bail application be rejected.
6.
On perusal of record, it reveals that there are allegations
against the applicant that he uttered abusive words on the caste of
informant. In view of specific statutory bar under Section 18 of the SC &
ST Act, it is necessary that the nature of averments are to be taken into
consideration for grant of anticipatory bail. In the present matter, there is
a case and crosscase. Mother of applicant has lodged report in respect of
outraging modesty against the present informant party. Copy of the same
is placed on record (CR No.134/2022). Further, NC also lodged against
the informant party by the applicant.
Averments in the report reflects
that there was previous enmity between the parties.
On the day of
incident, informant and applicant met at the Bus Stand. Before that, they
have conversation on phone.
Overall, averments in the report reflects
that the only offence under Atrocity Act is non bailable.
There is no any
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Cri.B.A.No.898/22OrderEx.1.
background shown by the informant as to the intention on part of
applicant to insult or humiliate the complainant. It is also pointed out by
the ld. Advocate for the applicant that the witnesses listed during the
investigation are all interested persons.
They belongs to the party of
informant. Other accused are already released on bail.
7.
In view of the facts and circumstances of the case, alongwith
the nature of accusation in report, prima facie requirement to attract the
offences under Special Act are found to be dubious one.
Till now, it is a
settled law that insult or abuse on the ground of SC & ST must be with an
intention or to insult, humiliate a member of SC & ST in any place within
a public view. Mere imputation of name of the caste while addressing the
complainant, cannot make out an offence punishable under the Act.
In
the present matter, there is no any prima facie acceptable evidence in
respect of intentional insult or intimidation for humiliating a member of
SC & ST.
On the background of enmity between the parties, such
allegations with bare words in the name of caste would not prima facie
attract the provisions of SC & ST Act. In this regard, ld. Advocate for the
applicant relied on following authorities.
1/
2/
3/
4/
5/
8.
Vilas Pandurang Pawar Vs. State of Maharashatra,
AIR 2012 SC 3316.
Dr. Subhash Mahajan Vs. State of Maharashatra,
AIR 2018 SC 1498.
Abdul Abbas Vs. State of Chhattisgarh,
2005 Cri.L.J. 3051.
Prithvi Raj Chauhan Vs. Union of India,
Crimes (SC) 2021328, AIR (SC) 2020/3036.
Sitaram Vs. State of Maharashatra,
ALL MR (Cri) 20/201097.
Sum and substance of the ratio in the aforesaid authorities is
that, if there is no specific averments in the complaint, namely insult or
intimidation with intent to humiliate by calling with caste name, the
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Cri.B.A.No.898/22OrderEx.1.
accused would be entitled for anticipatory bail.
Thus, on the basis of
aforesaid exposition of law, it becomes clear that there is no absolute bar
against grant of anticipatory bail in cases under SC & ST Act.
9.
In this case, the incident allegedly took place on 09.07.2022
whereas the report came to be lodged on 10.07.2022.
Applicant has
produced copies of documents to show previous enmity between applicant
and the informant party.
There are previous complaints lodged by the
him against the informant party. As such, prima facie, involvement of the
applicant in alleged offence is found to be in cloud.
10.
The ld. Advocate for the Applicant submitted that the
applicant do not have criminal antecedents. He is reputed person. He is
permanent local resident. Other accused are already released on bail.
Therefore, applicant is also entitled for grant of anticipatory bail on the
ground of parity.
Therefore, considering all these aspects, this Court is
of the view that anticipatory bail can be granted to the applicant by
imposing certain conditions. Hence, the order.
::O R D E R::
1]
The application ( Exh. 01) is allowed.
2]
In the event of arrest of the applicant Ajay Rajendra
Pagar in Crime No.I133/2022 of Kalwan Police
Station, Kalwan for the offences punishable under
sections 324, 323, 504, 506 r/w.34 of IPC and u/s.
3(1)(r)(s) & 3(2)(va) of the Scheduled Caste &
Schedules Tribes (Prevention of Atrocities) Act.
they be released on adinterim anticipatory bail in
sum of Rs.15,000/ (Rupees Fifteen Thousand only)
each with a surety in the like amount subject to
conditions that :
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Cri.B.A.No.898/22OrderEx.1.
a] That the applicant shall make himself available for
interrogation by the Investigation Officer as and
when required under written intimation.
b] The applicant shall not directly or indirectly, make
any inducement, threat or promise to any person
acquainted with facts of accusation, so as to
dissuade them from disclosing such facts to the
Court or to any Police Officer.
3]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Digitally signed by
ADITEE UDAY
KADAM
Date: 2022.07.20
17:43:06 -0600
Nashik
Date : 20.07.2022.
(Aditee U. Kadam)
Additional Sessions Judge2,
Nashik.