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Bombay High CourtABA/54/2016allowed

Sau. Komal Ashish Junghare v. The State Of Maharashtra, Through Station House Officer, Kalamb Police Station, Yavatmal

2016-03-08Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.54 OF 2016 (Sau. Komal Ashish Junghare ..vs.. The State of Maharashtra, through Station House Officer, Kalamb PS, District Yavatmal) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 08-03-2016 Heard Shri V.D. Darne, Advocate for the applicant and Shri S.S. Doifode, Additional Public Prosecutor for the non-applicant.

2.

The applicant is seeking pre-arrest bail apprehending arrest in crime registered against her for offences under Sections 294, 323, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accusations against the applicant are that he has given abuses on the caste of the complainant and has threatened to kill her.

3.

Considering the averments of the complaint, in my view, prima-facie, offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not made out and the prosecution will have to prove its case. As far as the other offences are concerned, they are bailable offences.

2 aba54.16 4.

In my view, the interim order passed by this Court on 02/02/2016 has to be confirmed and the applicant is entitled for pre-arrest bail.

5.

Hence, the following order :

i) In the event of arrest in Crime No.3126/2015 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.10,000/- and one solvent surety in the like amount.

ii) The application is allowed in the above terms. JUDGE pma