Nagpur: Justice Rohit Deo of Nagpur Bench of Bombay High Court has granted bail to a couple in an Atrocities Act case.
Narayan Band of Akola along with his wife Pratibha Band was accused of offence punishable under Sections 294, 506 of the IPC read with Sec 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act vide Crime No. 352/19 dated 1-08-19 filed by one Kalpana Ashok Palaspagar.
As per details, First Information Report (FIR) was lodged by Kalpana Palaspagar alleging that on 27-07-19 when the complainant was at home, at about 7 am, Pratibha and her husband Narayan had abused her when she was throwing garbage from second floor. It is alleged that, during the verbal altercation, Pratibha Band had abused the complainant with casteist slur.
It is submitted that, on the basis of said report, an offence punishable under Sections 294, 506 of IPC read with Sec 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act vide Crime No. 352/19 was registered by PS Civil Lines Akola.
After registration of FIR, Nayayan had approached the Sessions Court for bail. However the application was rejected by the Court.
It was submitted that, alleged offence had happened inside the residential apartment and therefore same does not fall within public view. Moreover, statements of witness are at variance as far as casteist abuses are concerned.
Adv Mir Nagman Ali appeared for the petitioners.