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BOMBAY HIGH COURT
A.M.BADAR, J
Kalidas @ Amol Baban Babar, Sangita Baban Babar – Appellant
Versus
The State of Maharashtra, Vaishali Dattatraya Bhosale – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Rupesh A. Zade
For the Respondents: Mr.A.R.Kapadnis, Ms.Shraadha Sawant

ORAL JUDGMENT :

1 Heard.

2 Admit.

3 Heard finally considering the fact that this is an appeal challenging the Order rejecting the application for anticipatory bail passed by the learned Special Judge and Additional Sessions Judge, Baramati on 25/10/2018 vide Order below Exhibit 1 of Criminal Bail Application No.745 of 2018.

4 Appellants are accused in Crime No.561 of 2018 registered with Police Station Baramati City at the instance of respondent No.2 Vaishali Bhosale for the offences punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Atrocities Act’ for the sake of brevity) as well as under Sections 3 23, 504 and 506 of the Indian Penal Code .

5 Heard the learned Counsel appearing for the appellants/accused. He argued that considering the FIR, it cannot be said that the incident in question was witnessed by any independent public witness so as to attract bar of Section 18 or 18A of the Atrocities Act.

6 The learned Additional Public Prosecutor as well as the learned Counsel appearing for the respondent No.2 opposed the appeal by contending that the incident took place at the public place and averme

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