Rehan Ali vs State Of Maharashtra And Others

Vinay Joshi , J

Heard.

ADMIT. Heard finally by consent of both learned Counsel appearing for the parties.

This is an appeal under Section 14-A of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocities Act, 1989) challenging the order of the Additional Sessions Judge – 1, Amravati whereby the application for grant of pre-arrest bail has been rejected.

The facts in brief are that at the instance of report lodged by the informant-lady aged 27 years crime was registered vide Crime No.568/2022 with the Police Station Badnera, District Amravati for the offences punishable under Sections 376(2)(n) and 417 of the Indian Penal Code and Sections 3(1)(w)(r)(ii) and 3(2)(iv)(v) of the Atrocities Act, 1989. The informant precisely alleged that the appellant who was of her acquaintance had sexually abused her under false pretext of marriage.

It is submitted that the informant-lady has lodged report under misconception or some misunderstanding. According to the appellant, they were in relationship from last seven years and both are in Government service. However, due to some differences, false allegations have been made.

It is submitted that the informant realised that she has filed report in fit of anger and, therefore, she has settled the matter. In other words, the informant is not intending to prosecute the case furthermore. By virtue of such understanding, the appellant has filed Criminal Application (APL) No.1069/2022 in this Court in terms of Section 482 of the Code of Criminal Procedure seeking to quash the First Information Report. This Court has considered the submissions and directed that charge-sheet shall not be filed without leave of this Court.

It is argued that there are no specific allegations to infer that because of only the victim belongs to the member of Scheduled Caste or Scheduled Tribe the offence was committed. The appellant contended that in view of absence of prima facie material, statutory bar would not operate. The informant-lady has sent a communication dated 06.08.2022 to Police Commissioner, Amravati stating that she has lodged report under misconception, therefore, she does not want to prosecute the case. Moreover, the informant-lady has appeared in the Court to reiterate that she has no objection to grant pre-arrest protection as the matter is already settled.

The learned Counsel appearing for the informant Shri Vijay Hamand has also conceded the position and gave no objection for grant of pre-arrest protection. Of course, his no objection is not a decisive factor, however, certainly, it is relevant for our consideration. The informant is a grown up lady of 27 years age. Prima facie, it reveals that due to some differences, the report has been lodged.

The reply of the respondent No.1/State is taken on record. The learned A.P.P. has attracted my attention to the statement of victim dated 23.06.2022 recorded by the Magistrate in terms of Section 164 of the Code of Criminal Procedure. True there are certain allegations, however, subsequent to that the lady has applied to the Police Commissioner for withdrawal as well as appeared in this Court and conceded that out of misunderstanding police report has been filed. Though the State objected to this appeal, however, no substantial reason has been canvassed for justifying custodial interrogation. Obviously, the issue involved in this appeal is restricted to the aspect of grant of pre-arrest bail and not about quashment for which separate application is pending.

Having regard to the above fact, the appellant has made out a case of interference. In view of that the following order :

ORDER

1] The appeal is allowed.

2] The impugned order dated 27.07.2022 passed by the Additional Sessions Judge -1, Amravati in Criminal Bail Application No.847/2022 is hereby quashed and set aside.

3] In the event of arrest, the appellant shall be released on bail on his furnishing P. R. Bond of Rs.25000/- (Rs. Twenty Five Thousand Only) with one or two sureties in the like amount.

4] The appellant shall attend the concerned Police Station as and when called to facilitate the investigation.

The appeal stands disposed of in the above terms. Pending Criminal Application(s), if any, stand(s) disposed of.