1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3293/2009 WITH CRIMINAL APPLICATION NO. 3295/2009 WITH CRIMINAL APPLICATION NO. 3296/2009 (Kishor Rambhauji Kinkar vs. State of Maharashtra ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr S P Dharmadhikari, Sr.Counsel with Mr P R Kotwal Adv. for applicant Mrs. Rachana Wasnik, APP for Respondent-State *** C ORAM : A.P. BHANGALE, J. DATED : 06 th OCTOBER ,2009. 1. By means of the above-referred applications, the applicant prays for grant of bail in connection with Crime No. 54/2009; 56/2009 and 57/2009 reported at Kharanga Police Station Dist. Wardha, for offence punishable under sections 376 (2)(c)(f), 506 ,109, 176, 202 of the Indian Penal Code and Section 3 (1)(xii), 3 (2),(v),(vi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( in short “ the said Act of 1989”). 2. Learned senior counsel contended that earlier the applicant had moved an application praying bail before the learned Ad-hoc Additional Sessions Judge-I Wardha who by order dated 16.9.2009 in Criminal Bail Application No. 441, 444 and 445 all of 2009 was pleased to reject the same. 3. My attention has been invited to the observations in paragraph 6 of the said order indicating that the learned Ad-hoc Additional Sessions Judge Wardha is aware that the present applicant who is facing accusations which 2 are of bailable nature except the accusations made u/s 3 (2) (5) and 3 (2)(6) of the said Act, 1989. However, the Judge did not consider as to whether the said accusations of non-bailable nature are really attracted or not, in the facts and circumstances disclosed in the investigation. 4. It is contended that the order of present applicant who was undergoing medical treatment at his home and put under traction cannot be called blameworthy even prima facie because when report was made to him from the Headmaster of Gulabrao Uikey Adivasi Ashram Shala regarding the alleged rape committed in Girls’ Hostel by one Sachin Landge, Peon from the School, the present applicant had made an endorsement immediately on the same day, directing the Headmaster to lodge further report in order to ensure arrest of the offender and also to dismiss him from the service of the the School because of such serious accusations against said Sachin Jagdish Landge ( Peon in the School). Under these circumstances, learned counsel for the applicant contended that the applicant ought to have been enlarged on bail. It is contended that reference to provisions of section 3 (2) (5) and 3 (2) (6) that there is no prima facie ground to believe that applicant committed any offence against a person or property of the person belonging to Scheduled Castes or Scheduled Tribes and further there is no material against the applicant to show that he had intended to destroy any evidence particularly when he wanted action according to law to be taken against the offender named; as also to dismiss him from the services of the school; in view of such accusations against said Peon Sachin Landge, the provisions as above, are not at all attracted. 5. Prima facie, it appears that main accusations are against Sachin Landge Peon in the school, with which the applicant has no real concern. The accusations made against the applicant are not of such a nature on the basis of which he shall be made to remain behind the bars. I think, the applicant is entitled for grant of conditional bail. Hence the order. The applicant be released upon executing PR bond in connection with 3 Crime Numbers stated hereinabove, in the sum of Rs. 25,000/- with one or more sureties in the equal amount; provided further that the applicant shall attend the Investigating Officer as and when necessary. The applicant shall not tamper with the evidence in any manner and shall inform his permanent address/ change in the address with Mobile/ Cellphone Number to the I.O. All applications are disposed of. JUDGE. sahare