Bombay High Court
Vishal Vinod Gharat And Ors vs The State Of Maharashtra on 5 December, 2023
Author: N.J.Jamadar
Bench: N.J.Jamadar
924 aba 3336 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.3336 OF 2023
Rutik Mansingh Gupta and Ors. ... Applicants
versus
The State of Maharashtra ... Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.3362 OF 2023
Vishal Vinod Gharat and Ors. ... Applicants
versus
The State of Maharashtra ... Respondent
Mr. Ashley Cusher, for Applicants.
Smt. A.A.Takalkar, APP for State.
Mr. Sanjay Hani Gurav, ASI, Kelwa Sagari Police Station, Palghar, present.
CORAM: N.J.JAMADAR, J.
DATE : 5 DECEMBER 2023
P.C.
1. Heard the learned Counsel for the parties.
2. These applications are preferred for pre-arrest bail in connection with
C.R.No.66 of 2023 registered with Kelwa Sagari Police Station for the offences
punishable under Sections 354A, 354B, 143, 147, 149, 323, 504, 506, 427 read with
Section 34 of the Indian Penal Code.
3. The first informant had made a complaint regarding the drain water from
the stable flowing on the road, to the Block Development Officer. The applicants and
the co-accused were thus, enraged. On 24 September 2023, at about 12.30 midnight,
SSP 1/4
924 aba 3336 of 2023.doc
the first informant was informed that her son Nayan was being assaulted by the
applicants and co-accused. When the first informant went to the rescue of her son, the
applicants and co-accused allegedly abused the first informant on the ground that her
husband was a member of the scheduled tribe. The applicants allegedly tore the
clothes of the first informant and outraged her modesty by touching her in an
appropriate manner. The applicants also sexually exploited and thereby assaulted the
first informant. Co-accused Savita had snatched the gold marriage string from the
person of the first informant. Hence, the report.
4. The learned Counsel for the Applicants submitted that in respect of the
very same occurrence, Ms. Madhavi Patil, a member of the applicant party had lodged
a report vide C.R.No.67 of 2023 registered with Kelwa Sagari Police Station for the
offences punishable under Sections 354A, 354B, 143, 147, 149, 323, 504, 506 of IPC. In
fact, the informant party was the aggressor. It was submitted that omnibus allegations
of outraging the modesty and offences punishable under Sections 354A and 354B of
IPC have been made.
5. Learned APP invited the attention of the Court to the statements of the
witnesses who seek to lend support to the version of the first informant. Attention of
the Court was also invited to the statements of the witnesses recorded under Section
164 of the Code of Criminal Procedure. Learned APP further submitted that the
injury certificates of the first informant and her son are yet to be obtained.
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924 aba 3336 of 2023.doc
6. Prima facie, it appears that the members of the two groups had allegedly
formed unlawful assemblies. It was a case of free fight. It appears that the members of
both the groups perpetrated the assault and, in the process, members of both the
groups sustained injuries. So far as the instant prosecution, allegations are primarily
of outraging the modesty of the first informant. From the perusal of the allegations in
the FIR as well as the statements of witnesses, it appears that omnibus allegations are
made. Whether the intent to outrage the modesty of the first informant can be
attributed to each of the applicants in the absence of specific allegations qua each of
them warrants consideration. I am, therefore, inclined to grant interim protection to
the applicants while directing the applicants to join in the investigation.
7. Hence, the following order :
ORDER
(i) In the event of the arrest of the Applicants - Rutik Mansingh Gupta, Himanshu Ashok Gharat, Amit Ramchandra Gharat, Omkar Mahesh Gharat, Vishal Vinod Gharat, Mahesh Narayan Patil, Rakesh Vinay Patil and Chetan Mansingh Gupta in connection with C.R.No.66 of 2023 registered with Kelwa Sagari Police Station, they be released on bail on furnishing a PR bond in the sum of Rs.30,000/- each with one or two sureties in the like amount.
(ii) The Applicants shall co-operate with the investigation and report to Kelwa Sagari Police Station on 12th and 13th December 2023 in between 10.00 a.m. SSP 3/4 924 aba 3336 of 2023.doc to 1.00 p.m., and thereafter, as and when directed.
(iii) The Applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case.
(iv) Stand over to 17 January 2024.
( N.J.JAMADAR, J. )
SSP 4/4
Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 07/12/2023 10:55:27