Nimba S/O Bhagwan Bhil And ORS. v. The State Of Maharashtra And ANR

Cri.Appln.5572/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5572 OF 2015 1.

Nimba s/o Bhagwan Bhil, Age 25 years, Occ. Labour 2.

Bhagwan s/o Gulchand Bhil, Age 48 years, Occu. Labour 3.

Digambar s/o Pralhad Pardeshi, Age 36 years, Occu. Agri., All r/o Kusumba, Taluka Dhule, District Dhule ..Applicants

Versus

1.

The State of Maharashtra Through Superintendent of Police, Dhule 2.

P.S.I. Dhule Taluka Police Station Dhule, District Dhule ..Respondents Mr P.B. Patil, Advocate for applicants Mr G.O. Wattamwar, A.P.P. for respondents CORAM : N.W. SAMBRE, J.

DATE : 29th October 2015 PER COURT Heard.

2.

At the behest of applicants, Crime No.251 of 2015 was registered on 29th September 2015 punishable under Sections 324, 323, 504, 506 read with sec.34 of Indian Penal Code, offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and offence under Section 7 (1) (d) of Protection of Civil Rights Act.

Cri.Appln.5572/2015 3.

The applicants herein are accused in Crime No.252 of 2015 at the behest of accused in Crime No.251 of 2015. 4.

According to learned Counsel for the applicants, there are sweeping allegations against applicants of use of sticks and fist blows. According to him, false implication cannot be ruled out in view of sweeping allegations.

5.

Learned A.P.P., while opposing the application for bail would urge that the applicants are named as accused, who have formed unlawful assembly, were instrumental in commission of crime and as such, prays for rejection of application.

6.

In view of registration of Crime No.251/2015 at the behest of group of applicants against the complainant in Crime No.252/2015, the false implication cannot be ruled out. As there are sweeping allegations and no particular role is attributed to the applicants, the ad interim protection granted by this Court vide order dated 15th October 2015 is confirmed on same terms and conditions. ( N.W. SAMBRE, J.) vvr