Bombay High Court rejects Desai’s ABA in atrocity case

Mumbai: The Bombay high court has rejected anticipatory bail application of social activist Trupti Desai. The court observed that prima facie it appears that complainant is not lying and the truth of the allegations will be proved during the trial.

A division bench comprising of Justice S.C. Dharmadhikari and Justice Prakash Naik was hearing ABA filed by Desai. According to the prosecution, the complainant, Vijay Makasare was heading towards Mumbai from his residence in Ahmadnagar, when Desai, along with Prashant Desai, Satish Desai and Kantilal Gaware came in their Maruti Ertiga and stopped his car. They then proceeded to snatch his Samsung mobile phone, gold chain and money worth Rs 27,000, after which he was assaulted with sticks and iron rod by all the accused. Since the complainant was from the Mahar community, Desai even used abusive language against him.

The police had registered a complaint under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. But Desai argued that the complaint was made 10 days after the incident and was false. She further argued that she has documents to show that the complainant had converted and become a Christian.

The court held that due to injury there was a delay in registering the FIR. After reading FIR it appears that the complaint is not false.