1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.1010 of 2010 [Vinay alias Vijay Shridhar Rotkar & ors. Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Apurv De, Adv., for the applicants. Mr. V.A. Thakre, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 07th July, 2010. 1. This is an application for anticipatory bail. 2. This Court had issued notice and called the papers. 3. Heard learned Adv. Mr. Apurva De for the applicants and learned APP Mr. V.A. Thakre for the respondent. Perused the papers and the Case Diary. 4. It is seen that Crime No. 51/2010 was registered against the applicants with Police Station, Nagbhid, Tq. Nagbhid, Distt. Chandrapur, for offences punishable Sections 143, 294, 323, 506, 452 and 354 of Indian Penal Code, and investigation was carried out. 2 5. Lateron, by virtue of action taken by the Sub-Divisional Police Officer, Bramhapuri, he has taken up the matter treating it as an offence under Section 3 (1) (xi) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 6. Case diary reveals that the Sub- Divisional Police Officer has found the subordinate police officers negligent in performance of their duties. After having noticed said negligence, he did not carry out any investigation during last two months. 7. Perusal of First Information Report and copies of statements recorded by the police, on the basis of which Sub-Divisional Police Officer, Bramhapuri has found that the provisions of Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989, were attracted, does not disclose the factual basis of the imputation - Jatiwachak Shivigal Keli. 8. In the background of such vague allegation, prima facie, registration of offence against the applicants under Section 3 (1) (xi) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989, comes under a serious cloud of doubt. 3 9. `In the result, applicants are entitled to the protection sought for. 10. In the event of arrest in connection with Crime No. 51/10 registered with Police Station, Nagbhid, Distt. Chandrapur, for offences punishable under Sections 143, 294, 323, 452, 354 and 506 of Indian Penal Code, and Section 3 (1) (xi) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the applicants be released on bail on furnishing a Personal Bond and a Solvent Surety in a sum of Rs.2,000-00 [rupees two thousand only] each. Judge |Hedau|