Bombay High Court
Ravi S/O. Ashok Kumar Aswani vs State Of Mah. Thr. Its Pso, Ps Tirora, ... on 29 January, 2024
2024:BHC-NAG:1393
1 appeal549.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 549 OF 2023
APPELLANT: Ravi s/o Ashok Kumar Aswani,
Aged about 36 years,
Occupation - Business, R/o In the Line
of Jhulelal Oil Mill, Rajendra Ward,
Gondia, Tah. and District Gondia.
...V E R S U S...
RESPONDENTS 1] State of Maharashtra,
through its Police Station Officer,
Police Station Tirora, Tah. Tirora,
District - Gondia.
2] Shridevi Premlal Ukey,
Aged about 39 years, Occupation -
R/o Lakhegaon, Tah. Tirora,
District Gondia.
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Mr. N.R. Tekade, counsel for appellant.
Mrs. M.A.Barbde, APP for respondent/State.
Ms. Falguni Badani, counsel (appointed) for respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 29/01/2024
ORAL JUDGMENT :
1. Heard. Admit.
2. Heard finally with the consent of the learned
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counsel appearing for the parties.
3. By preferring this appeal, the appellant has
challenged the order passed by the District Judge-1 and
Additional Sessions Judge, Gondia in Misc. Criminal Bail
Application No. 258/2023, by which the application of the
appellant was rejected.
4. The appellant is apprehending arrest at the hands
of the Police, as the crime is registered on the basis of report
lodged by the victim, on an allegation that she is serving as a
Health Worker in Primary Health Center, Sub-Center,
Lakhegaon, Tah. Tirora, District Gondia. On 29th May, 2023,
one lady by name - Ritu Chaudhari, came to the hospital for
delivery. At the relevant time, the co-accused was also along
with her, and there was hot exchange of words between
them. In the said dispute, she was abused in filthy language
on her caste and assaulted the victim. On the basis of the
said report, police have registered the crime against the co-
accused as well as the present appellant.
5. Mr. N.R. Tekade, learned counsel for the
appellant submitted that as far as the present appellant is
concerned, his name is not mentioned in the First
Information Report. There is neither allegation that he has
abused on her caste nor there is an allegation that he has
assaulted her. However, the Investigating Officer is
attempting to arrest him and therefore, he approached the
3 appeal549.2023.odt
learned trial Court, but the learned trial Court has not
considered that no specific role is attributed to the present
appellant and no prima-facie case is made out against him.
The learned trial Court has also ignored the well settled legal
position that if the prima facie is not made out from the
recitals of the FIR, the anticipatory bail application can be
granted in appropriate circumstances. Thus, the order passed
by the learned Trial Court is erroneous and liable to be set
aside.
6. Learned APP has raised a strong objection to the
application and contended that during the investigation, the
video recording was seized by the Investigating Officer which
disclosed the involvement of the present appellant. She
further submitted that there is a bar under Sections 18 and
18-A of the Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act, 1989 (for short 'the Act of 1989') hence,
anticipatory bail application is not maintainable. Therefore,
the order passed by the learned trial Court is a legal and
correct one and liable to be confirmed.
7. Learned counsel for the informant endorsed the
same contention and submitted that the act executed by the
co-accused is in furtherance of common intention, and
therefore, the application for anticipatory bail is not
maintainable. The bar under Section 18 or 18A of the Act of
1989 is attracted and the appeal filed by the appellant
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deserves to be dismissed.
8. Heard learned counsel for the appellant, learned
appointed counsel as well as learned APP for the State.
Perused the recitals of the FIR. As far as the allegation against
the present appellant is concerned, neither his name is
mentioned in the First Information Report nor any role
attributed to him in the said First Information Report.
9. It is well settled that while considering
anticipatory bail application in respect of the offence
punishable under the Act of 1989 and from the recitals of the
First Information Report, prima-facie case is to be made out.
To attract the bar under Section 18 or 18A of the Act 1989,
there should be some material to connect the present
appellant. In the present First Information Report, there is no
allegation against the present appellant even though his
name is not mentioned. Learned trial Court has stated that on
the basis of video recording the involvement of the present
appellant is revealed. The appellant is unknown to the
informant, however, the recitals of the First Information
Report nowhere show that one unknown person was present
at the time of occurrence and committed the crime.
10. Considering that there is no prima-facie case
against the present appellant, the bar under Section 18 or
18A of the Act of 1989 is not attracted and hence, he can be
protected by granting anticipatory bail.
5 appeal549.2023.odt
11. On perusal of the recitals of the First Information
Report and the role attributed to the present appellant, the
appellant has made out a case for grant of anticipatory bail.
The learned trial Court has ignored this fact and rejected the
bail application erroneously as no prima-facie case is made
out against the present appellant, the anticipatory bail
granted to him, deserves to be confirmed. Accordingly, I pass
the following order:
a) The Criminal Appeal No. 549/2023 is allowed.
b) The order passed by the learned District Judge-1
and Additional Sessions Judge, Gondia, rejecting
the Criminal Bail Application No. 258/2023 is
quashed and set aside.
c) The appellant is released on bail, in the event of
his arrest in Crime No. 373/2023 registered with
Police Station Tirora, District Gondia for the
offences punishable Sections 353, 354, 354-B,
323, 294, 506, 509 read with Section 34 of the
Indian Penal Code, 1860 and Sections 3(1)(w)(i),
3(1)(w)(ii), 3(1)(r), 3(1)(s) and 3(2)(v-a) of the
Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act, 1989, on executing P.R. Bond in
the sum of Rs. 25,000/- with one solvent surety in
the like amount.
6 appeal549.2023.odt
d) The appellant shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the present case.
e) The fees of the appointed counsel be quantified as
per the Rules.
The criminal appeal is disposed of
accordingly.
[URMILA JOSHI-PHALKE, J.]
rkn
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 05/02/2024 16:14:55
