SAMEER SURESH PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred u/s.14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'Atrocities Act') challenging the order dated 22 nd November 2022 passed by learned Additional Sessions Judge, Kalyan below Exhibit-1 in Anticipatory Bail Application No.2184 of 2022 rejecting the application for anticipatory bail preferred by appellant.

(2.) Appellant is apprehending arrest in C.R No.234 of 2022 registered with Badlapur Police Station for offences under Ss. 324 , 323 , 504 , 506 r/w 34 of IPC . Subsequently Ss. 143, 147, 149 of IPC and Sec. 3(1)(r)(s) of Atrocities Act were added.

(3.) The FIR was registered on 13/11/2022 at the instance of respondent no.2. It is alleged that on 11 th November 2022 at 11.30 pm, the complainant was driving his motorcycle and Bhavesh was driving four wheeler. There was exchange of words between them. On 13 th November 2022 at about 00.30 hours the informant, his friend Kunal Jadhav and Nilesh Jadhav were talking to each other near Gavdevi Temple. At that time Prasad Jadhav @ Babya and Bhavesh Sonavale came there and informed the complainant that incident occurred on previous day could be resolved and told the complainant and his friend Kunal to accompany them. They were taken to the ground situated near Saidham Building. Meherdeep Nagarkar and Sameer Patil (appellant) were present at the said place. They assaulted the complainant and his friend Kunal with wooden log and fist/kick blows. At that time Pratik Jadhav and Nilesh Jadhav intervened and separated them. Complainant and Kunal Jadhav went to Badlapur Police Station for lodging the complaint. They were sent to Rural Hospital with medical memo. After taking treatment they returned to police station for lodging the complaint. On the same day supplementary statement of complainant was recorded in which repeated his version reflected in FIR and in addition it was alleged that the appellant again came to the spot and abused the complainant on his caste and threatened him. He also referred to CCTV footage of incident of assault and identified appellant, Prashant Raje, Babya, Shantanu, Meherdeep and Bhavesh as persons seen in CCTV footage while assaulting complainant and his friend.