1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) No. 356/2011 Parvez Ali s/o Siraj Ali aged about 30 years, Occ. Police Patil, r/o Patia, Tq. Dharni, Dist. Amravati. .....APPLICANT ...V E R S U S... State of Maharashtra thr. PSO Dharni, Dist. Amravati. ....NON APPLICANT ----------------------------------------------------------------------------------------------- Mr. A. M. Rizvy, Advocate for applicant. Mr. S. S. Doifode, A.P.P. for non applicant. ----------------------------------------------------------------------------------------------- CORAM:- M. N. GILANI, J. DATED:- 24 th NOVEMBER, 2011 P.C. 1. Heard learned counsel for the parties. 2. This is an application under Section 438 of the Code of Criminal Procedure for issuance of directions to release the applicant on bail in the event of his arrest in crime no. 3047/2011 under Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered with Police Station, Dharni. 3. The applicant is Police Patil of village Dharni. The complainant-Harishchandra Mawaskar lodged First Information 2 Report with Police Station, Dharni on 09.08.2011. The complainant alleged that his wife is Anganwadi Sevika at village Patia, Tq. Dharni, Dist. Amravati. On 09.08.2011 at 11.00 a.m. the complainant wanted to visit Dharni. To inform his wife that he was going to Dharni, he went to Anganwadi. There, the applicant and others were sitting. When he was leaving the Anganwadi premises, the applicant followed him and hurled filthy abuses referring to his caste. 4. It is the contention of learned counsel for the applicant that besides the allegation of being merely in the nature of hurling abuses, the whole incident is an outcome of previous enmity between the applicant and the complainant. Few incidents have been cited. The applicant applied for the post of Police Patil. The complainant also applied for the said post. However, the applicant was selected. The complainant challenged this by filing revision application before the Sub Divisional Officer and levelling allegations that he had a criminal record. According to the applicant, as per the verification report dated 14.02.2011 issued by the Superintendent of Police Amravati, no case was pending against him. This was the position when he made the application for appointment as Police Patil as well as on the date when he was appointed. He, therefore, 3 contended that the complainant was bent upon to make false allegations against him. 5. The second incident is that the villagers had complained against Pushpa Harichand Mawaskar, the wife of the complainant. When the incident occurred the enquiry was going on and for that the Child Development Officer had also come. In the aforesaid background and considering the fact that the allegations are in the nature of hurling verbal abuses, the possibility of exaggeration is not ruled out. Here, reference can usefully be made to the judgment of this court in Ramchandra Govindrao Watkar and anr. ..vs.. State of Maharashtra 1995 (2) Mh. L. J. 669; wherein while discussing bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, it is observed as follows: “Mere registration of case under the Act no reason for throwing out application under section 438 without finding out if there are accusations of commission of offence under the Act or not – Court can examine ex facie if accusation discloses any offence having been committed under the Act.” 6. In view of above, the application is allowed. In the event of arrest in Crime No. 3047/2011 registered with Police Station 4 Dharni, Dist. Amravati the applicant be released on bail on his executing PR Bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousand Only) with one surety in the like amount. The applicant is further directed to attend Police Station, Dharni till his presence is required by the Investigating Officer. The application stands disposed of accordingly. JUDGE kahale