Cri. Appln. No. 3392/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3392 OF 2011 Parvatibai w/o. Munjaji Dakhore, R/o. Palasgon, Tq. Basmath, Dist. Hingoli. ....Applicant. Versus The State of Maharashtra ....Respondent. Mr. S.R. Bagul, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. Mrs. Maya Jamdade, Advocate for original complainant. CORAM : T. V. NALAWADE, J. DATED : 11th August, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 92/11 registered in Basmat Police Station, Dist. Hingoli for offences punishable under sections 395, 452, 354, etc. of IPC and also for offence punishable under section 3 (1) (x) of SC and ST (Prevention of Atrocities) Act, 1989. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Prakash Azade. He has made allegations that on 16.4.2011 when the persons of Cri. Appln. No. 3392/11 2 his community were taking procession on the occasion of Dr. Babasaheb Ambedkar Jayanti, the procession was obstructed by persons of Maratha community and those persons had pelted stones and had given abuses to the persons, who were in procession. Allegations are made against the applicant that she was also present in the mob. Allegations are made that the persons had entered in the house of one Indubai Azade and they had taken away the gold ornaments of Indubai. Allegations are made that one Kashiram Padole had behaved in indecent manner with one lady. 3. In the police papers, there are injury certificates in respect of atleast 13 persons. They were examined on 16.4.2011, though the report was given on 17.4.2011. All of them had sustained simple injuries. The spot panchanama shows that stones, sticks and bricks were lying on the road. This material is sufficient to show that some incident did take place. 4. The statements of witnesses and the FIR show that allegations are omnibus in nature. Only one lady is made accused and there are omnibus allegations against this lady. Even the lady witnesses have not specifically attributed the role to the present applicant. Allegations show that all possible allegations including indecent behaviour are made. The advocate for the applicant submitted that all male accused are arrested Cri. Appln. No. 3392/11 3 and they are released on bail. There is clear possibility of exaggeration. So this court holds that even when section 3 (1) (x) of SC and ST (Prevention of Atrocities) Act, 1989 is used, the applicant is entitled to relief of anticipatory bail. 5. So the application is allowed. In case of arrest of applicant in Cr. No. 92/11 registered in Basmat Police Station, Dist. Hingoli for offences punishable under sections 395, 452, 354, etc. of IPC and also for offence punishable under section 3 (1) (x) of SC and ST (Prevention of Atrocities) Act, 1989, she is to be released on bail on her furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). She is not to tamper with the prosecution witnesses and she is not to commit similar offence. [ T. V. NALAWADE, J.] ssc/ca3392.11