BIPINKUMAR RAMAVADH YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals have been preferred challenging the order passed by the Sessions Court rejecting the application for anticipatory bail and thereby seeking anticipatory bail apprehending arrest in connection with C.R. No. 294 of 2022 registered with Pelhar Police Station, Dist. Thane for offences punishable under Ss. 143, 147, 149, 323, 504 and 506 r/w 34 of Indian Penal Code and Sec. 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short "SC/ST Act") and Sec. 7 of the Civil Liberties Act.

(2.) The complainant has alleged that the accused had abused the complainant on the basis of caste and threatened him. The contention of the appellants is that the alleged incident had occurred on 7 th March, 2022 and the FIR was lodged on 29/3/2022. Suit is filed by the complainant in which the application preferred vide Exhibit-5 was rejected on 28/3/2022 and therefore the FIR was lodged on 29 th March, 2022. The FIR does not disclose that the incident had occurred in the presence of the independent person. The alleged incident does not occurred within public view.

(3.) Learned APP submitted that, incident had occurred within public view in a public place. There are abuses on caste. The role has been attributed to the appellants.