Bombay High Court
Chiraj Sanjay Roongta vs The State Of Maharashtra, Thr. Pso, Ps, ... on 27 June, 2025
2025:BHC-NAG:6335
954.apeal.230.2025.judgment.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.230 OF 2025
Chiraj s/o Sandeep Roongta,
Aged about 32 Years,
Occupation : Business,
Resident of Ganesh Nagar,
Gondia, Tahsil and District Gondia. ..... APPELLANT
// VERSUS //
1. State of Maharashtra,
Through Police Station Officer,
Police Station, Gondia City,
District Gondia.
2. Kashyap s/o Rajbaba Wasnik,
Aged about 23 Years,
Resident of Near Ambedkar Bhawan,
Marartoli, Gondia,
Tahsil and District Gondia. .... RESPONDENTS
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Mr. A. A. Naik, Senior Counsel a/b Mr. Atharva S. Manohar,
Counsel for the appellant.
Ms. H. N. Prabhu, APP for the respondent No.1 /State.
Ms. N. R. Tekade, Counsel for the respondent No.2.
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CORAM : URMILA JOSHI-PHALKE, J.
DATED : 27.06.2025
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. By preferring this appeal under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of
954.apeal.230.2025.judgment.odt
Atrocities) Act, 1989. The appellant challenges the order passed by
the learned Special Judge and the District Judge -1 and Additional
Sessions Judge, Gondia in Missc. Bail Application No.132/2025,
rejecting the application of the present appellant for grant of bail.
4. The crime is registered on the basis of report lodged by
Kashyap Rajbaba Wasnik on an allegation that the present appellant
runs a business in Roongta Complex. As the appellant was
undertaking to renovate the premises of his office he had asked the
contractor to affix the tiles of images of deities on the walls, so as
to deprive the persons from spitting on the walls. Contrary to the
instructions of the appellant the contractor has affixed the tiles of
image of Hindu deity including the Dr. Babasaheb Ambedkar on a
platform below the wall. Upon seeing this, in the evening on
16/04/2025 the appellant had asked the concerned contractor to
remove those tiles as it was not appropriate to have such images on
the platform. It is alleged that the present appellant has insulted
and humiliated to these images by affixing the same on the place of
spitting and due to which the emotions and feelings of the
community i.e. Buddha and Muslim community were affected. On
the basis of the said report, police have registered the crime against
the present appellant.
954.apeal.230.2025.judgment.odt
5. After registration of the crime, the appellant filed an
application for grant of bail before the learned Special Judge which
came to be rejected.
6. Heard learned Senior Counsel for the appellant, who
submitted that it is an inadvertent mistake and there was no such
intention to insult or humiliate to these images. As soon as the
appellant noticed the same, he immediately asked the Contractor to
remove the same, so there is no question of insulting or humiliating
the feelings or the emotions of any other company. As far as
further incarceration of the appellant is concerned, which is not
required. He has already cooperated with the investigating agency,
The investigation is completed, charge-sheet is filed and further
incarceration of the appellant is not required. He further submitted
that except two witnesses, there is no allegation that present
appellant has used any abuses to insult the persons belong to the
Scheduled Caste or Scheduled Tribe.
7. Learned APP strongly opposed the same on the ground
that considering the act of the present appellant to install or affix
the tiles having the images of the deities, he has insulted the
feelings and emotions of some communities and, therefore, the
appeal deserves to be dismissed.
954.apeal.230.2025.judgment.odt
8. Learned Counsel for the respondent No.2 - informant
endorsed the same contentions and prayed for dismissal of the
appeal.
9. On hearing both sides and perusal of the recitals of the
FIR and various statements of the witnesses, it reveals that as soon
as the appellant has noticed the images, he has immediately asked
the Contractor to remove the same. There is some substance in the
contention of the learned Senior Counsel for the appellant that it
was a mistake and as soon as the mistake was noticed, immediate
directions are given to the Contractor. Thus, at this stage, there is
nothing on record to show that intentionally, the present appellant
has affixed the tiles having images of deities or the personalities like
Dr. Babasaheb Ambedkar and others. In view of that, the appellant
has made out a case for grant of bail. Hence, I proceed to pass
following order:
ORDER
(i) The appeal is allowed.
(ii) The order dated 23.04.2025 passed by the learned
Special Judge and District Judge - 1 and Additional Sessions
Judge, Gondia, in Misc. Bail Application No.132/2025 is
hereby quashed and set aside.
(iii) The appellant Chirag s/o Sandeep Roongta shall be
released on bail in connection with Crime No.274/2025 for
the offence punishable under Section 299 of the Bharatiya
Nyaya Sanhita, 2023 and under Sections 3(1)(s)(t) of the
Scheduled Caste and Scheduled Tribes (Prevention of
954.apeal.230.2025.judgment.odt
Atrocities) Act, 1989, on executing P.R. Bond in the sum of
Rs.25,000/- with one or more solvent sureties in the like
amount.
(iv) The appellant shall attend the proceedings before the
Special Court without seeking any exemption unless there
are exceptional circumstances.
(v) The appellant shall not induce, threat or promise any
witnesses who are acquainted with the facts of the case
either personally or by way of electronic media.
The appeal is disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 07/07/2025 17:24:45
