KRUSHNA KALYAN BHANGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Per Court :- 1. The appellant - original accused has preferred this appeal in connection Crime No.148 of 2020 under Sections 354, 354-A, 323, 504, 506 and 34 of IPC and Section 3(1)(r)(s)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order passed by the Additional Sessions Judge Ambajogai dated 13.05.2020 in connection with Criminal Bail Application No.118 of 2020 rejecting his Criminal Bail Application thereby.

(2.) Learned counsel for the appellant submits that though name of the appellant is mentioned in the FIR, general allegations have been made against him along with other co-accused persons about the caste abuses. Learned counsel submits that even the incident has allegedly taken place in front of the house of the informant situated in her own agricultural land. Learned counsel submits that considering the said location, it is not a public place. Learned counsel submits that so far as the allegations pertaining to outraging the modesty of the informant are concerned, a specific role has been ascribed to co-accused Raghunath Kalyan Bhange, who has been released on regular bail by the court below. Learned counsel for the appellant submits that in the given set of allegations, custodial interrogation of the appellant is not required. There is no criminal history. He may be released on bail.

(3.) Learned APP has strongly resisted the application on the ground that name of the appellant is mentioned in the FIR with specific role attributed to him. The appellant along with other co-accused persons have abused the informant on caste and as such, appellant is not entitled to be released on bail in terms of the provisions of Section 18-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.