1

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.

OF 2017

DISTRICT : AHMEDNAGAR.

IN THE MATTER OF SECTION

438
OF
CRIMINAL
PROCEDURE CODE

AND
IN THE MATTER OF CRIME
NO.II-64/2016 REGISTERED
WITH SANGAMNER TALUKA
POLICE STATION.

Shantabai @ Chandrakala Dattu Gawande,

Age : 48 years, Occu. Agril.,
R/o. Pokhari Haveli,
Tq. Sangamner, Dist. Ahmednagar. Applicant.
:: VERSUS ::
1)

The State of Maharashtra,

Through Police Inspector,
Sangamner Taluka Police Station,
Sangamner, District Ahmednagar.
(Copy to be served on P.P.
High Court Bombay, Bench
At Aurangabad.)

2)

The Superintendent of Police,

Ahmednagar.
Respondents.

HUMBLE

APPLICATION OF

THE

APPLICANT ABOVE NAMED

MOST RESPECTFULLY SUBMITS AS UNDER:_

1)

The applicant submits that, the applicant

alongwith other accused is shown as accused in Crime

No.II-64/2016, registered at Sangamner Taluka Police
Station, Taluka Sangamner, District Ahmednagar for
the offence punishable U/Sec. 3 (1) (r) (s) of Scheduled
Caste and Scheduled Tribes (Prevention of Atrocities) Act
and 294, 323, 504, 506 r/w. 34 of Indian Penal Code.

The said offence has been registered on the basis of the

Complaint dated 17.12.2016.

2)

The applicant submits that, it is the case of

the prosecution that, the accused Nos. 2 to 4 were

having their land adjacent to the land of father of
informant. It is further alleged that, the co-accused had
forcefully created a road from the land of the father of
informant. From one year, the family of informant was
not allowing the accused persons from using the said
road. It is further alleged that, on 17.10.2016 at about
10:30 a.m. when the informant came on agricultural
land on being called by her mother, the accused person
having grudge in their mind, abused the informant and
her mother on their caste. The said fact was informed
by the informant to his brother. Thereafter she has filed
the complaint against the accused persons. The copy of
the Complaint dated 17.12.2016 is annexed herewith
and marked as EXHIBIT A.

3)
bailable

The applicant submits that, as the nonoffences

are

leveled

against

the

accused

persons,

therefore,

Application
Additional
grounds.

for

the

applicant

Anticipatory

Sessions

Judge,

Bail

has

filed

before

Sangamner

on

an

Learned
various

The Learned Lower Court after considering

the Application and Say filed and after hearing the

parties pleased to reject the Application of present
applicant.

The Learned Lower Court pleased to reject

the Application of present applicant mainly on the

ground that, prima facie case has made out against the
applicant and further there is bar for giving Anticipatory
Bail U/Sec. 18 of the Act.

The copy of Criminal Misc.

Application

along

No.245/2016

with

Order

passed

below it is annexed herewith and marked as EXHIBIT

B Colly.

4)

The applicant submits that, it is necessary to

consider that, the incidence was took place in the

morning at about 10:30 a.m. and the F.I.R. is lodged on
4:30 p.m.

There is delay of near about 6 hours in

lodging the F.I.R. The said delay is not at all explained.

This shows that, the story of the prosecution is

afterthought and file with intention to arrange the

accused in non-bailable crime and to harass them.

5)

The applicant submits that, if the complaint

is read as it is then it reveals that, there is civil dispute

between the parties in respect of approach road from
the agricultural land belonging to the informant family.
Therefore, there is possibility that, the informant has
filed false complaint against the applicant and other
accused to pressurize them.

6)

The

applicant

submits

that,

the

other

accused persons were arrested on the very same day of

lodging of F.I.R. i.e. on 17.12.2016 and were produced
before Learned Lower Court on 18.12.2016.

On the

very first day of remand, the Investigation Officer prayed

for judicial custody of those accused persons and they
were remanded judicial custody.

This shows that, the

custodial interrogation of the accused persons is not

required and for this reason also, the applicants liberty
may kindly be protected by giving Anticipatory Bail. The
applicant further submits that, the other accused

persons are enlarged on regular bail.

The copy of

Remand Report as well as the Order in Regular Bail is

annexed herewith and marked as EXHIBIT C Colly.

7)

The applicant under these circumstances are

approaching to this Hon'ble Court U/s 438 of Criminal

Procedure Code by way of present Criminal Application
and seeking Anticipatory Bail in connection with Crime
No. II-64/2016 registered with Sangamner Taluka Police
Station, Tal. Sangamner, Dist-Ahmednagar on following
grounds which are in alternative and without prejudice
to one another namely-

:: GROUNDS ::

I)

The applicant is innocent lady and she has not

committed any offence as alleged by the
prosecution. There is no prima-facie case to
book the applicant with the alleged Crime.

II)

There is no recovery to be made from the

applicant and, therefore, applicants custodial
interrogation is not warranted.

III)

As

per

the

prosecution

case,

the

alleged

incidence was took place in the morning at

about 10:30 a.m. and the complaint is lodged
on 4:30 p.m., there is delay of near about 6
hours

in

explained.

filing

the

F.I.R.,

which

is

not

This shows that, the case of the

prosecution is false and concocted.

IV)

The allegations made in the complaint are as

vague as it can be.

Nowhere specific role is

attributed to any of the accused.

allegation

are

made

against

the

Omnibus
accused

persons.

V)

After plain reading of complaint, it reveals that,

no any case is made out against the applicant
under any Sections of Indian Penal Code or
the special act.

VI)

It needs to be considered that, in the complaint

itself

it

between
informant

is

stated

the

that,

accused

family

agricultural land.

in

there
family
respect

is

dispute

and
of

the
their

Therefore, the informant

filed this false complaint against the accused

persons to pressurize them.

VII)

It needs to be considered that, the falsity of the

complaint can also reveals from the fact that,
only to arrange the accused persons in nonbailable crime, the allegations in respect of
abuse on the caste are made to see that, the
sections under the Scheduled Casts and
Scheduled Tribes (Prevention of Atrocities) Act
will be leveled.

The other Sections of Indian

Penal Code which are leveled against the

accused persons are bailable Sections.

VIII)

It needs to be considered that, the remaining

accused persons were arrested on 17.12.2016

and

produced

before

the

Court

on

18.12.2016. The Investigation Officer on the

day of remand prayed for judicial custody of
those accused persons. This shows that, the
custodial interrogation of the accused persons
is

not

required

for

the

investigation.

Therefore, also the Anticipatory Bail may be

given

to

the

applicant

as

her

custodial

interrogation is not required.

IX)

It needs to be considered that, it is stated in the

complaint that, after the alleged incidence
took place, the informant went to her brother
and

narrated

the

incident

to

him

and

thereafter they went to Police Station for

lodging the complaint.
complaint
afterthought

filed
and

by
file

This shows that, the

the
to

informant
pressurize

is
the

accused family.

X)

It needs to be considered that, all the allegations

made against all the accused persons are

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similar in nature. No over act is attributed to

present applicant about abusing on the caste.
This shows that, the complaint filed by the
informant is false.

On this ground also, the

applicant seeking Anticipatory Bail.

XI)

The applicant is a lady of 48 years old. There is

no specific allegations are made against the
applicant.

There is nothing to be recovered

from the applicant, therefore, her custodial

interrogation is not required and, therefore,
being a lady Anticipatory Bail may kindly be
granted to her.

XII)

The applicant has permanent resident at her

village. She also has movable and immovable
properties at her village.

If the Anticipatory

Bail is granted to the applicant, then she will

co-operate with the Investigation Agency and
she will not abscond.

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XIII)

The applicant is law abiding citizen and if the

applicant is release on bail, she will not
tamper prosecution evidence and she will cooperate
Therefore

with

the

Investigation

considering

all

these

Agency.
aspects

Anticipatory Bail may be granted to the

applicant.

XIV)

The applicant is ready to abide any conditions or

directions given by this Honble Court if
Anticipatory Bail is granted.

8)

The applicant seeks liberty to add, amend or

delete any of the submissions / grounds of the present

Application as and when it is necessary.

9)

The applicant undertakes to file the English

translation of Marathi documents as and when it is

necessary.

10)

The

applicant

has

not

filed

any

other

Application in this Hon'ble Court or in the Hon'ble Apex

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Court touching the subject matter of the present

Criminal Application.

11)

THE APPLICANT THEREFORE, PRAY:-

A)

That, the applicant be released on bail in the

event of her arrest in connection with Crime
No.

II-64/2016

registered

at

Sangamner

Taluka Police Station, Tq. Sangamner, District

Ahmednagar

for

the

offence

punishable

U/Sec. 3 (1) (r) (s) of Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act
and 294, 323, 504, 506 r/w. 34 of Indian
Penal Code on such terms and conditions as
this Honble Court may deem, fit and proper.

B)

Pending hearing and final disposal of the

present Criminal Application, the applicant
be released on bail in the event of their arrest
in connection with Crime No. No. II-64/2016
registered

at

Sangamner

Taluka

Police

Station, Tq. Sangamner, District Ahmednagar

for the offence punishable U/Sec. 3 (1) (r) (s)
of Scheduled Caste and Scheduled Tribes

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(Prevention of Atrocities) Act and 294, 323,

504, 506 r/w. 34 of Indian Penal Code.

C)

Ad-interim relief in terms of prayer clause B.

D)

Pass such other orders, which are necessary

in the facts and circumstances of the case in
favour of the applicant.

AND FOR THIS ACT OF KINDNESS AND

JUSTICE, THE APPLICANT AS IN DUTY BOUND
SHALL EVER PRAY.

DATE

: 06.01.2017

( SATYAJEET S. DIXIT )

PLACE : AURANGABAD

ADVOCATE FOR THE APPLICANT

VERIFICATION

I, Shantabai @ Chandrakala Dattu Gawande,

Age : 48 years, Occu. Agril., R/o. Pokhari Haveli, Tq.
Sangamner, Dist. Ahmednagar, do hereby state on
solemn affirmation that, the contents of the present
Criminal Application from para No. 1 to 6 and 8 to 10
are true and correct to the best of my knowledge and
what is stated in para No. 7 and 12 are my legal
grounds and prayers, which are explained to me by my

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Advocate in vernacular language, which I believe to be

true and correct.

Hence verified on this ---th day of January,

2017 at Sangamner.

Identified and
Explained by

DEPONENT

Advocate/Clerk
Shantabai @ Chandrakala Dattu Gawande