Nikhil Vasantrao Chandgude v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1620 OF 2015 Nikhil Vasantrao Chandgude .. Applicant v/s.

The State of Maharashtra ..Respondent Mr. Aniket U. Nikam for the applicant Mrs. Veera Shinde, APP for respondent State CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th NOVEMBER, 2015.

P.C.

1.

The applicant herein has filed this application for anticipatory bail apprehending his arrest in Crime No.13 of 2014 registered at Vadgaon Nimbalkar Police Station, Dist. Pune for the offences under Sections 171(c), (1)(2), 323, 504, 506, 420 r/w 34 of the IPC, Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 7(1) (d) of the Protection of Civil Rights Act.

2.

Heard the learned Counsel Mr. Nikam for the applicant and

the learned APP for the State.

3.

I have perused the records and considered the submissions advanced by the respective parties. The records prima facie show that the complainant had alleged that on 08.10.2014, there was a campaign / meeting of one of the political parties near the S.T. Stand, Baramati and when he was giving his speech, one person by name Rajendra Jagtap, Anis Kotwal and two persons with surname Chandugade came and disturbed the meeting. He had further alleged that the said persons had abused with reference to his caste and further assaulted him and damaged the speaker and other articles at the spot of the incident. The records reveal that one of the persons by name Dattu Chandugade has been arrested on 09.10.2014. In the application dated 14.08.2015, the complainant has specified the name of the other person as Tarachand Manikchand Chandgude. There is no prima facie material to show the involvement of the applicant in the commission of the said crime. The bar under Section 18 of the SC

& ST Act will not be applicable. Hence, the applicant is entitled for anticipatory bail.

4.

Under the circumstances and in view of the discussion supra, the application is allowed in the following terms and conditions.

(i) In the event of the arrest of the applicant in Crime No.13 of 2014, the applicant shall be released on bail on furnishing the bail bonds of Rs.15,000/­ with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Baramati. (ii) The applicant shall report to the Investigating Officer for four days from 10.00 a.m. to 1.00 p.m. or as and when required by the I.O. for the purpose of investigation and interrogation. (ANUJA PRABHUDESSAI, J.)