Bombay High Court
Anant S/O. Ramesh Nikam vs The State Of Maharashtra And Anr on 16 September, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
31-ABA-1109-2019
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
31 ANTICIPATORY BAIL APPLICATION NO.1109 OF 2019
ANANT S/O. RAMESH NIKAM
VERSUS
THE STATE OF MAHARASHTRA AND ANR
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Advocate for Applicant : Mr. Pawar Hemantkumar F.
APP for Respondents-State : Mr. V. S. Badakh
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CORAM : V. K. JADHAV, J.
DATED : 16th SEPTEMBER, 2019 PER COURT:-
1. The applicant is seeking anticipatory bail in connection with crime no. 157 of 2019 registered with Amalner Police Station, District Jalgaon for the offences punishable under Sections 384 and 506 of IPC. His application with similar prayer bearing Bail Application No. 171 of 2019 came to be rejected by the Additional Sessions Judge, Amalner, District Jalgaon by order dated 08.08.2019.
2. Learned counsel for the applicant submits that in the given set of allegations, Section 384 of IPC is not attracted against the present applicant. Learned counsel, on instructions, submits that so ::: Uploaded on - 16/09/2019 ::: Downloaded on - 17/09/2019 05:00:18 ::: 31-ABA-1109-2019 -2- far as the antecedents of the applicant are concerned, in most of the cases, he came to be acquitted. Learned counsel for the applicant further submits that the applicant time to time has sent representations/communications to various authorities pointing out therein the corruption/misappropriation by the employees of the Agricultural Department, including the informant. Learned counsel submits that so far as the charge under Section 384 of IPC is concerned, the same would be incomplete as long as the property or valuable security is not delivered in terms of the definition of "extortion" under Section 383 of IPC. The applicant may be released on anticipatory bail.
3. Learned APP has strongly resisted the application on the ground that during the course of investigation, supplementary statement of the informant came to be recorded wherein he has stated that on 15.07.2019, the informant has paid Rs.20,000/- to the applicant and also on the very same day paid Rs.50,000/- to the applicant in compliance with his demand for ransom coupled with the threats etc. Learned APP submits that the informant is working as an Agricultural Assistant in the Agricultural Department at Amalner. On 28.07.2019, because of the constant demands and ::: Uploaded on - 16/09/2019 ::: Downloaded on - 17/09/2019 05:00:18 ::: 31-ABA-1109-2019 -3- the torture by the applicant, the informant had attempted to commit suicide by hanging himself to the roof of the house. Learned APP submits that the informant was taken to Narmada Medical Foundation, Amalner in semi-conscious condition on 28.07.2019 itself and the history of "partial hanging with Hypoxia (MLC)" has been recorded. It has been specifically stated in the certificate collected by the Investigating Officer that the informant came to be admitted in the hospital for suicidal hanging with depression. Learned counsel submits that the antecedents of the applicant are also not clear. He poses himself as Taluka President of Sambhaji Brigade. There are nine crimes registered against him. Learned APP submits that even if the applicant came to be acquitted in certain cases, however, it is apparent that the antecedents of the applicant are not clear. The application is thus liable to be rejected.
4. On going through the allegations made in the complaint and on perusal of the investigation papers, it appears that serious allegations have been made against the applicant. The applicant has not only given threats to the informant about publishing defamatory news, but also demanded the amount as ransom. It has ::: Uploaded on - 16/09/2019 ::: Downloaded on - 17/09/2019 05:00:18 ::: 31-ABA-1109-2019 -4- been specifically alleged in the complaint that the applicant has not only given trouble to the informant, but also given threats about kidnapping of his children and on one occasion, also taken photograph of the informant's house when the wife of the informant was alone in the house. It has been revealed during the course of investigation that the informant has paid certain amount to the applicant on account of threats given to him. Furthermore, the said incident dated 28.07.2019, as alleged in the complaint, is very serious. The informant had attempted to commit suicide in his house itself. There are medical papers supporting the allegations made in the complaint. The informant is also suffering from depression because of the mental harassment at the hands of the applicant. The antecedents of the applicant are also not clear. Even though the applicant came to be acquitted in some of the cases, however, in such type of cases the witnesses are always reluctant to come forward against such nasty persons. In view of the above, I am not inclined to protect the applicant. Hence, the Anticipatory Bail Application is hereby rejected.
( V. K. JADHAV, J.) vre/ ::: Uploaded on - 16/09/2019 ::: Downloaded on - 17/09/2019 05:00:18 :::