Bhharat S/O Ganpat Mankar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5680 OF 2015 Bharat s/o Ganpat Mankar, Age 28 years, Occu. Agri., R/o Vidyut Colony, Jalna, Taluka and District Jalna ..Applicant

Versus

The State of Maharashtra, through Investigation Officer, Police Station, Ambad, Taluka Ambad, District Jalna ..Respondent Mr S.J. Nirmal, Advocate for applicant Mr G.O. Wattamwar, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 26th October 2015 PER COURT Heard.

2.

The applicant is seeking regular bail in Crime No.I-0210/2015, registered on 13th October 2015 at Ambad Police Station, District Jalna, for offences punishable under Sections 354-A (1), 504, 506 read with sec.34 of Indian Penal Code and under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.

It is the case of the applicant that the applicant is falsely implicated in the crime in question, as there was dispute in between the Warden of the hostel, where complainant was residing along with other girls, towards payment of the allowance. Learned Counsel for the applicant would urge that the offence for which the applicant is booked, is punishable for a period of three years, i.e. under Section 354-A and as such, the applicant is entitled for regular bail.

4.

Learned Additional Public Prosecutor would urge that the applicant might have pressurised the witnesses to give testimony in his favour and the fact remains that there is prima facie evidence available against the applicant, as such the application be rejected. 5.

Having gone through the investigation papers and the contents of the first information report, it is required to be noted that there is one more crime registered against the applicant vide Crime No.I-207 of 2015. Perusal of the statement of the complainant in said crime would reflect that there exists dispute in between complainant and Ratnamala Jadhav, Hostel Superintendent about whom it is claimed in the first information report of having relation with the present applicant.

6.

In view of above, in my opinion, looking to the nature of allegations and the fact that the offence is not serious, it will be appropriate to grant regular bail to the applicant. Hence, I propose to pass the following order.

(I) The applicant Bharat Ganpat Mankar be released on bail in Crime No.I-0210/2015, registered on 13th October 2015 at Ambad Police Station, District Jalna, for offences punishable under Sections 354-A (1), 504, 506 read with sec.34 of Indian Penal Code and under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, upon furnishing P.R. Bond of Rs.25,000/- (Rs.Twenty-five thousand) with one surety in the like amount;

(II) The applicant shall not enter the jurisdiction of concerned Police Station till filing of the charge-sheet.

7.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr