Bombay High Court
Tanmay Shyam Tatewar vs The State Of Maharashtra Thr. Pso Ps ... on 7 February, 2025
Author: G. A. Sanap
Bench: G. A. Sanap
2025:BHC-NAG:1230
44.Cri.Apeal.751.2024.judge.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPEAL (APEAL) NO. 751 OF 2024
Tanmay S/o. Shyam Tatewar,
Aged : 21 Yrs., Occu.: Education,
R/o. Sant Tukdoji Maharaj,
Hinganghat, Tah. Hinganghat,
Distt. Wardha .... APPELLANT
// V E R S U S //
1 State of Maharashtra,
Through P.S.O. Brambhapuri,
Dist. Chandrapur
2 X.Y.Z.,
Victim in Crime No. 459 of 2024
at P.S.O. Brambhapuri,
Dist. Chandrapur ... RESPONDENTS
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Mr M. V. Rai, Advocate for the appellant
Mr A. M. Ghogare, APP for respondent No.1/State
Mr S. D. Umredkar, Advocate (appointed) for respondent No.2
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CORAM : G. A. SANAP, J.
DATE : 07/02/2025
OR A L JUDGMENT :
1. Heard.
2. ADMIT. Taken up for final disposal with consent
of learned Advocates for the parties.
44.Cri.Apeal.751.2024.judge.odt
3. This is an appeal under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'the Atrocities Act') against the
order dated 09.12.2024 passed by the learned Additional
Sessions Judge, Chandrapur, whereby the learned Judge
rejected the anticipatory bail application made by the
accused/appellant.
4. The learned advocate for the appellant submitted
that the victim girl, on her own, accompanied the appellant at
various places including Mumbai. They had plan to marry. It
is submitted that they are from different castes and therefore,
the consent was not accorded by their family members. It is
submitted that when the police apprehended him, the victim
girl lodged the report. The learned Advocate would submit
that there is no allegation with regard to the commission of an
offence under the Atrocities Act. It is submitted that the
custodial interrogation is not necessary. He is ready to co-
operate police. It is submitted that he is ready to abide by the
44.Cri.Apeal.751.2024.judge.odt
conditions that may be imposed by the Court.
5. Learned APP and the learned appointed Advocate
for respondent No.2 would submit that the entire episode of
kidnapping and other offences, committed by the appellant, has
been narrated in great detail in the report. The appellant, in the
submission of the learned Advocates, under the threat,
kidnapped her. She was beaten on more than one occasion by
the appellant when she tried to escape from the custody of the
appellant. She tried to establish the contact with her sister but
it was of no help. It is submitted that the investigation is at a
nascent stage. The police would be required to go to various
places to conduct the investigation and for that purpose the
custody of the accused is necessary.
6. I have gone through the record and proceeding. I
have perused the FIR. It appears that for almost one month
and five days the appellant and the victim were together. First
they came to Nagpur. From Nagpur, they went to
44.Cri.Apeal.751.2024.judge.odt
Visakhapatnam. From Visakhapatnam they went to Mumbai.
They took a room on rent at Mumbai and stayed there. The
appellant and the victim girl are pharmacists. It has been
stated in the reply that the appellant used his good offices and
secured a job for the victim in a company. She served in the
company for few days. It is further apparent that from Mumbai
they came back to Nagpur. From Nagpur they went to
Hinganghat. They were planning to perform register marriage.
It is evident that for some reason or the other, their plan could
not be materialized and therefore, again they went to Mumbai
by plane. It is apparent that the journey from Nagpur to
Visakhapatnam was by train. The journey from Visakhapatnam
to Mumbai was by train. The journey from Mumbai to
Nagpur was by plane and again came from Nagpur to Mumbai
by plane. It is further evident that third time when they
realized that the police are chasing them they came back to
Nagpur by plane. In my view, above-stated facts which are
apparent from the report of the victim cannot be glossed over.
These facts need to be considered while deciding the fate of the
44.Cri.Apeal.751.2024.judge.odt
appeal. The victim on the date of report was 21 years old.
Both are pharmacists. They had plan to marry. It appears that
due to the intervention of the family members of the girl their
marriage could not be materialized. The victim girl on being
handed over in the custody of the parents changed her mind
and lodged the report. It is submitted that the false report was
lodged at the instance of the family members of the victim girl.
While deciding this appeal one fact which has to be kept in
mind is that there is no allegation of sexual assault. In my view,
this is a circumstance in favour of the appellant, at least at this
stage. In view of this factual position, I am of the view that this
is a fit case to exercise the discretion in favour of the appellant.
The apprehension put forth by the learned APP and Advocate
for the respondent No.2 can be taken care of by imposing
appropriate condition. Hence, the following order:
i] The criminal appeal is allowed.
ii] The order dated 09.12.2024 passed by
the learned Additional Sessions Judge, Chandrapur
is quashed and set aside.
44.Cri.Apeal.751.2024.judge.odt
iii] The Misc. Criminal Bail Application
No. 743 of 2024 is allowed.
iv] It is directed that in the event of arrest
of the appellant- Tanmay S/o. Shyam Tatewar in
connection with Crime No.459 of 2024, registered
with Police Station Bramhapuri, District
Chandrapur for the offences punishable under
Sections 115(2), 127(2), 351(2), 351(3) and 87 of
the Bharatiya Nyaya Sanhita, 2023 and Sections
3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 the appellant shall be released
on bail on furnishing P.R. Bond in the sum of
Rs.25,000/- (Rupees Twenty Five Thousand) with
one surety in the like amount.
v] The appellant shall not in any way
tamper with the prosecution evidence.
vi] The appellant shall not pressurize or
threaten the prosecution witnesses.
44.Cri.Apeal.751.2024.judge.odt
vii] The appellant shall attend the
concerned police station on every alternate day
between 7:00 p.m. and 9:00 p.m.
viii] The appellant shall co-operate the
investigating officer.
7. The learned appointed advocate for respondent
No.2 be paid professional fees as per rules.
8. The criminal appeal stands disposed of, accordingly.
Pending applications, if any, also stand disposed of.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 07/02/2025 17:35:55
