Sunil Bhaurao Gomase and Anr. vs State of Maharashtra Thr Pso, Ps Tiosa

The appellants have apprehension of arrest in connection with Crime No.644/2025 registered with Police Station, Teosa, District Amravati for the offences punishable under Sections 74, 126(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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The allegations are made that the appellants have misbehaved with the first informant by restraining her way. It is alleged that the daughter of the appellant No.1 has performed marriage with the brother of the first informant. Earlier she lodged the complaint against the brother of the complainant and, thereafter, the marriage

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was performed. The allegation made against these appellants are that appellant No.1 used the words “the people like her caste are not allowed to seat together with us” and the appellant No.2 caught hold her hand, therefore, the offence under the Atrocities Act is registered. 7. The learned Senior Counsel Mr. Mardikar has stated that at that time, the appellants were not on the spot. They were present in the shop and it can be verified from C.C.T.V. footage.

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The Trial Court has considered this ground stating that this is secondary evidence and will be considered at the time of the trial and the application is rejected.

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Heard the learned Counsel for the appellants and the learned A.P.P.

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From the allegations made against these appellants, it appears that, the appellant No.1 has not uttered any word to insult the caste of the complainant/informant in public. The earlier First Information Report was registered considering the enmical relations between both the families. The case is made out to protect the appellants by granting ad interim anticipatory bail. Accordingly, I proceed to pass the following order :

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i] It is directed that in the event of arrest of the appellants namely appellant No.1 – Sunil Bhaurao Gomase and appellant No.2 – Lokesh Udhav Gomase in connection with Crime No.644/2025 registered with Police Station,

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Teosa, District Amravati for the offences punishable under Sections 74, 126(2), 351(2), 351(3), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i), 3(1)(w) (ii), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, they shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

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ii] The appellants shall not in any way tamper with the prosecution evidence.

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iii] The appellants shall not pressurize or threaten the prosecution witnesses.

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iv] The appellants shall attend the concerned police station on every Monday and Saturday between 1:00 p.m. to 2:00 p.m.

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v] The appellants shall co-operate the investigation officer.

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The protection shall remain in force till next date.

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(MRS. VRUSHALI V. JOSHI, J.)