NAGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are seeking anticipatory bail in connection with Crime No. 0217 of 2022 registered at Goregaon Police Station, Tal. Sengaon, Dist. Hingoli for the offences punishable under Ss. 326, 324, 504, 506 read with Sec. 34 of the Indian Penal Code and 3(2)(v), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) On 1st of October, 2022 report came to be lodged with the police in respect of the incident occurred on 25/9/2022 at about 9.30 am when informant/victim was proceeding towards his house, on public road Nagesh Khetre and Pravin Khetre came and accused him for exercising witchcraft on their father and in fact of knowing victim to be of scheduled castes community abused him and caused assault on him with iron rod and stick.

(3.) Learned counsel for the appellants submits that there is unjustified delay in lodging FIR and which makes the information given to the police not reliable and it is prone to concoction. According to him there is possibility of false implication and unless the statement of the informant is supported by some other evidence on record it cannot become a ground to deny bail to the appellants.