Bombay High Court
Umangkumar S/O Sureshkumar ... vs State Of Mah. Thr. Pso Arvi Wardha ... on 6 August, 2021
Bench: V. G. Joshi
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL NO. 214 OF 2021
Umangkumar s/o Sureshkumar Shukla
Aged about 25 years,
Occ.- Journalist, R/o Rashtrasaint Ward,
Arvi, Taluka - Arvi, Dist. Wardha.
... APPELLANT
VERSUS
1. State of Maharashtra, through
Police Station Officer,
Arvi, Wardha, Dist. Wardha.
2. Shubhangi d/o Sujit Bhivgade,
aged about 28 years, Occ. Social
worker r/o Ambedkar Ward, Arvi,
Tahasil - Arvi, Dist. Wardha.
... RESPONDENTS
_____________________________________________________________
Shri M.V. Rai, Advocate for the Appellant
Shri I.J. Damle, A.P.P. for the respondent no.1-State.
Shri S.R. Jaiswal, Advocate for Respondent no.2.(appointed)
______________________________________________________________
CORAM : VINAY JOSHI, J.
DATED : 06/08/2021
JUDGMENT :
Heard learned Counsel appearing for the parties.
2. ADMIT. By consent of learned Counsel appearing for the
parties, the appeal is taken up for final hearing.
3. The Appellant is came to be arrested in Crime No.341 of
2021 by Aarvi Police Station, District Wardha for the offence
punishable under Sections 341, 504 and 506 of the Indian Penal Code
and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC and ST
Act'). The application for grant of bail came to be rejected by the
Additional Sessions Judge, Wardha by order dated 18.05.2021 in
Criminal Bail Application No.196 of 2021, and therefore, this appeal.
4. Learned A.P.P. appearing for the respondent no.1/State as
well as learned Counsel for respondent no.2 has opposed to grant bail
by pointing towards seriousness of crime.
5. At the instance of report lodged by the informant dated
03.05.2021, the crime was registered. It is alleged that on 29.04.2021,
around 12.00 noon, the appellant has accosted the informant in the
way, humiliated her and abused her in the name of caste. On the basis
of said allegations, crime was registered in which the appellant was
arrested.
6. The charged offences would attract the maximum
punishment of imprisonment which may extend to five years. Already,
the appellant has faced the custodial interrogation. Having regard to
the nature of accusation, further detention of the appellant is not
necessary. The trial will take it's own time for disposal in accordance
with law.
7. In view of that the appellant is entitled for bail, hence, the
following order :
(a) The Criminal Appeal is allowed.
(b) The impugned order dated 18.05.2021 passed by
the learned Additional Sessions Judge, Wardha in
Criminal Bail Application No.196 of 2021 is hereby
quashed and set aside.
(c) Interim order dated 28.05.2021 passed by this Court
is hereby made absolute on same terms and
conditions with a rider that the appellant shall
attend concerned Police Station as ordered, till filing
of charge-sheet.
8. Fees for the appointed Counsel be paid as per Rules.
JUDGE
Trupti
