ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") to challenge the rejection of bail application i.e. Criminal Miscellaneous Application (Bail) No.260 of 2023 under Sec. 438 of the Code of Criminal Procedure by learned Special Judge, under the Atrocities Act/Additional Sessions Judge, Parbhani on 12/4/2023.

(2.) Heard learned Advocate Mr. S. S. Gangakhedkar for the appellant, learned APP Mr. S. J. Salgare for respondent No.1 - State and learned Advocate Ms. Angha N. Pedgaonkar, who is appointed to represent the cause of respondent No.2.

(3.) It has been vehemently submitted on behalf of the appellant that perusal of the FIR would show that respondent No.2 - informant is a 40 years old lady. She was married about 20 years prior to the incident and she has daughter aged 20 years and son aged 18 years. Her daughter is also married. Son is stated to be residing with her husband and she alone resides at a different place. She is serving as a security guard. She also says that as her relationship with her husband became strained, they got divorce about 10 years ago. She got acquaintance with the appellant four years prior to the incident and she then says that by giving promise to marry, he started visiting her residence. She asked the appellant as to when he is married, how they would reside. Then accused replied that she should not take tension, but he would maintain both the ladies, that means his wife as well as informant. She specifically states that the appellant kept illicit relations with her since last about three years and though she was insisting that he should marry, he was avoiding on one or the other pretext. She states that the last incident was occurred on 2/2/2023, when she says that appellant promised to marry and when she was getting ready, he went out of the house and when she gave phone call, he abused her in the name of caste. He again come to her house and assaulted her and abused her in the name of caste. He also gave threat to kill and then she says that accused had knowledge about the caste of the informant. All these contents would show that the informant was a consenting party and now when things are not going in her favour, it appears that she has lodged the report with mala fide intention. The FIR has been lodged on 20/3/2023, which can be said to be a belated action on her part. Prior to that the appellant had made a complaint to District Superintendent of Police, Parbhani on 27/1/2023 against the informant as she had given him threats to implicate in false case. All these factors were not considered by the learned Trial Judge and, therefore, the appeal deserves to be allowed.