LAWS(BOM)-2023-7-149

UTTAM EKNATH SHINDE Vs. STATE OF MAHARASHTRA

Decided On July 03, 2023
Uttam Eknath Shinde Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Both these Appeals are preferred under Sec. 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. ( for short "SC and ST (Prevention of Atrocities) Act" challenging the order dtd. 11/11/2021 passed by learned Special Judge and Additional Sessions Judge, Niphad Dist. Nashik rejecting the application for anticipatory bail preferred by the appellants in connection with C.R. No. 997 of 2021 registered with Niphad Police Station for offences punishable under Ss. 354-A, 324, 323, 504, 506 read with 34 of the Indian Penal Code and Ss. 3(1)(w)(iii), 3(1)(r)(s), 3(2)(va) of the SC and ST (Prevention of Atrocities) Act.

(2.) The First Information Report (for short "FIR") was registered at the instance of Respondent No.2 on 28 th October 2021 alleging that, she belongs to Hindu Mahadev Koli. On 27 th October 2020, the respondent No.2 and her family member had visited their agricultural land situated at gut No.131. At that time, the accused came to the spot and obstructed them. The accused then abused the complainant and others on the basis of their caste and also outraged her modesty. One of them assaulted the complainant by agricultural equipment of her leg.

(3.) The appellants had preferred an application for anticipatory bail before the Court of Sessions at Niphad, which has been rejected vide order dtd. 11/11/2021.