Umangkumar S/O Sureshkumar Shukla vs State Of Maharashtra

Pushpa V. Ganediwala, J

Hearing was conducted through Video Conferencing and Shri Mahesh Rai, learned counsel for the appellant, Shri N.S. Rao, learned counsel for the

respondent No. 1 - State and Ms. Shubhangi d/o Sujit Bhivgade, respondent No. 2, in person agreed that the audio and video quality was proper.

The order dated 18.05.2021, rejecting bail to the appellant is challenged in this Appeal.

The respondent - State, in spite of opportunity given, failed to file reply. The Investigation Officer along with the case papers is present before this

Court through Video Conferencing. Respondent No.

2 - informant is also present in person.

The allegations against the present appellant are that on 29.04.2021, when the informant was alone and going to Dharmthok Hospital, Arvi at about

12.00 Noon, the appellant came in front of her and restrained her from proceeding and abused her on her caste in public view. Accordingly, an

offence vide Crime No. 341 of 2021 under Sections 341, 504, 506 of the Indian Penal Code and also under Section 3(1)(r)(s) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as Act of 1989, was registered against the appellant at Police Station,

Arvi, District - Wardha.

It is stated that the appellant is a Journalist by profession and the informant is head of Bhartiya Janta Yuva Morcha and on various occasions, the

appellant had published news against the informant and other political leaders of Arvi, due to which they were having grudge against the appellant and

hence, he has been falsely implicated.

Considering the nature of offence i.e. under Sections 341, 504, 506 of the Indian Penal Code, all bailable and with regard to the offence under

Section 3(1)(r)(s) of the 1989 Act, the allegations are only abuses on caste and since the appellant is in jail since 03.05.2021 the case for interim

protection is made out. Hence, I pass the following order :

i) The appellant Umangkumar s/o Sureshkumar Shukla in Crime No. 341 of 2021 registered under Sections 341, 504, 506 of the Indian Penal Code

and also under Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, be released on interim bail on

executing personal bond of Rs.15,000/- (Rs. Fifteen thousand only) with one surety in the like amount.

ii) The appellant shall not attempt to pressurize or give threats to the witnesses.

iii) The appellant shall attend the concerned Police Station once in a week on every Thursday between 10.00 AM to 2.00 PM, until further orders.