1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1841 of 2010 Mohd. Hanif Gulam Murtija and another ..VERSUS.. State of Maharashtra, through P.S.O., P.S., Dharni, Dist. Amravati Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. J.B.Kasat, Advocate for the applicants. Mr. S.M.Bhagde, A.P.P. for the respondent-State. CORAM : Prasanna B. Varale, J. DATED : 03 rd Decem ber , 2010 . Heard. This is an application filed by the applicants for grant of bail in Crime No. 170/2010, registered with Police Station, Dharni, Dist. Amravati for the offences punishable under Sections 341, 354, 504 r/w Sec.34 of Indian Penal Code and under Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act, 1989. The report was lodged against the applicant on 02/11/2010 at Dharni Police Station by the victim/prosecutrix. The sum and substance of the report is that the victim namely Ku. Bhagyashree Gale, a teacher, was going bak to her home after attending the tuition class along with her friends. As she received a phone call and she was talking over phone, her friends went further. At that time the applicants, who were on motor bike, came hear the victim and applicant no.1 outraged the modesty of the victim. On making hue and cry, the applicant started abusing the victim and also gave slaps to her. The incident was occurred on road in front of the shop of Rewa sir. The people gathered there immediately. The brother of victim 2 also came on the spot and on making enquiry with the applicant no.1, the applicant no.1 started quarreling with him. The victim immediately rushed to the police station and lodged the report. Mr. Kasat, learned Advocate for the applicant submitted that all the offences, except offence under Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act, 1989, are bailable. The applicants are falsely involved in this crime due to political rivalry in the village. He further submitted that the investigation is complete. The applicants are behind the bars for more than a month. Learned Advocate submitted that the applicants are ready to reside at some other place/village other than village Dharni. He, therefore, prayed that in view of these facts, the applicants are entitled to be released on bail. Per contra, Mr. M.J.Khan, learned APP for the State has strongly opposed the application. Reply is filed by the State. Learned APP has also placed on record the material collected by the investigating agency. Learned APP submitted that the offence is serious in nature and there is prima facie material available to connect the applicants with the said crime. He, therefore, prayed for rejection of the application. Perusal of the record shows that the statement of brother of victim is recorded, who stated about the incident, which was told to him by the victim. The details of the incident are stated in the report by the victim herself. The victim is a teacher and in the report itself it is mentioned that she belongs to ‘Bouddha’ religion. The offence is serious one. It is not in dispute that the victim as well as the applicants are from same locality/village. The investigation is at initial stage and the apprehension expressed by the investigating agency that release of applicant may hamper the investigation, is justified. 3 In view of the material available, I am of the considered opinion that this is not a fit case to enlarge the applicants on bail. In the result, the application is rejected and disposed of as such. JUDGE Diwale