1 Criapln4962/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4962 OF 2011 Shaikh Hamid Rafique Ahmed Applicant V E R S U S The State of Maharashtra Respondent Smt. Kazi Sabahat T., Advocate for the applicant Shri D.R.Kale, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 28th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in connection with CR No. II – 52 of 2011, registered with Rahuri Police Station, District Hingoli, under Section 3 (1) (viii) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘said Act’). It is noticed that the present applicant had filed a criminal case against the complainant and the complainant has been acquitted. According to the complainant, on account of the said acquittal, the provisions of Section 3 (1) (viii) of the said Act are complied with in as much as record shows that the false case is filed against the complainant, who happens to be person belonging to the scheduled caste. The learned Advocate for the applicant submits that 2 Criapln4962/2011 merely because the complainant came to be acquitted at the Court of first instance, by itself is not sufficient to hold that the false case was filed. She also submitted that the applicant could not prove the case beyond shadow of reasonable doubt and that is how the complainant was acquitted. In my view, the finding given by the Court of first instance cannot be accepted to observe that prima facie case has been made out in regard to charge under Section 3 (1) (viii) of the said Act. If this be so, the applicant has been able to make out a prima facie case that his case does not fall within the ambit of said Act, and as such, the applicant is entitled for anticipatory bail. Hence, following order is passed to dispose of the present application : ORDER A. In the event of arrest of the applicant in connection with CR No. II – 51 of 2011 of Rahuri Police Station, District Ahmednagar, he be released on bail in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. The applicant shall furnish P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand). B. The applicant shall attend the concerned police station firstly on 3rd December, 2011 and as and when called for. ( R.Y. GANOO, J. ) SRM/criapln/4962/11/28/11/11 3 Criapln4962/2011