1 39.appeal.557.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO. 557/2025 Sunil Bhaurao Gomase and Anr. Vs. The State of Maharashtra and Anr. ….…............................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ........................................................................................................................................……….. Mr. Anil Mardikar, Sr. Advocate a/b. Digvijay Singh, Advocate for Appellants. Mr. S. S. Dhote, A.P.P. for Respondent/State. Ms. A. S. Mishrikotkar, Advocate (Appointed) for Respondent No.2. CORAM : NEERAJ P. DHOTE, J. DATED : 28.01.2026 1. Admit. 2. Heard finally with the consent of learned Counsel appearing for the parties. 3. This is an Appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 of grant of regular bail as the bail application moved by the Appellants came to be rejected by the learned Special Judge and Additional Sessions Judge, Amravati by order dated 07.11.2025 in Criminal Bail Application No.978/2025 4. The case of the prosecution as seen from the impugned order of the learned Special Judge and Additional Sessions Judge, Amravati is as follows. “3. It is the case of prosecution that prior to three years back informant’s younger brother Anirrudha performed love marriage with Anisha daughter of accused No.1 Sunil. Thereafter, accused took back Anisha to his house. In the month of June 2025 Anisha lodged report 2026:BHC-NAG:1413 2 39.appeal.557.25.odt against Aniruddha alleging that he has outraged her modesty. On 31.10.2025 at about 04.00 p.m. informant was proceeding towards her house on her moped via Amravti Nagpur road. At that time while she was near Agri Office accused Sunil and Lokesh came over there on black coulour moped and obstructed her way. Sunil told her to control her brother. He also told her that people from her caste have no ability to seat with them. Then Lokesh caught hold her hand. Lokesh told her that he knows all the secretes of her brother and he will do game of her brother. Informant told accused that she did not know anything. She then went to her house. She narrated incident to her brother, father and mother. Then she went to police station along with her brother Aniruddha and lodged report against the accused.” 5. Undisputedly, the Appellant No.1’s daughter had lodged the report on 21.06.2025 against Aniruddha, the brother of the present Informant. The crime bearing No.0409/2025 came to be registered with Tiosa Police Station, Amravati District for the offences punishable under Sections 74, 78, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. Undisputedly, the present crime was registered on 01.11.2025 against the Appellants on the report lodged by the sister of the said Aniruddha. The Informant in the present Appeal claims that, the daughter of Appellant No.1 had married with her brother Anirrudha. The Appellants are relying on the CCTV footages on the day of incident to show that, the Appellants were present in their shop. The possibility of false implication as the counter blast 3 39.appeal.557.25.odt to the earlier report lodged by the daughter of the Appellant No.1 cannot be ruled out. The Appellants are protected by this Court by order dated 17.11.2025 on certain conditions. It is nobody’s case that, the Appellants had breached any of the conditions. No ground is made out for custodial interrogation of the Appellants. Hence, I am inclined to confirm the said interim protection. Hence, the following order : ORDER a] The Appeal is allowed. b] The impugned order passed by the Special Judge and Additional Sessions Judge, Amravati dated 07.11.2025 is hereby quashed and set aside. c] The Interim Protection dated 17.11.2025 is confirmed. d] The condition No. iv] of the interim order stands modified to the extent that the Appellants shall attend the concerned Police Station as and when called. The Criminal Appeal stands disposed of. (NEERAJ P. DHOTE, J.) RGurnule