1 Criminal Application No.1261/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1261 OF 2011 Balasaheb Laxman Gaydhane & anr. ... APPLICANTS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri D.R. Adhav, Advocate for applicants Shri K.S. Patil, A.P.P. for respondent No.1. Shri M.P. Gude, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 18th April, 2011 PER COURT : 1. Heard finally. Heard Mr. Adhav and Mr. Gude for accused/ applicants and complainant respectively. At their instance, matter is taken on board as parties are present. 2. The applicant No.1 is Up Sarpanch and applicant No.2 is husband of Grampanchayat Member, where the alleged incident with the Gramsevak/ complainant has taken place. Mr. Gude, in presence of complainant submits, complainant has no objection if bail in terms of Section 438 of the Criminal Procedure Code is benedicted upon the accused. 2 Criminal Application No.1261/2011 3. Having gone through the text of the F.I.R., it seems, the surman to the complainant to behove in discharge of his duties has its rebel in the form of prosecution taking even recourse to the stringent provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Though there operates a bar to entertain pre-arrest bail, however, the sum substance of the report does not call for primary infraction of said provision and hence, exercise of powers under Section 438 of the Criminal Procedure is imperative. Hence, the above development in the matter, invites that the accused/ applicants be released on bail in Crime No.I-74/2011, registered at Shrirampur Police Station, District Ahmednagar. In the event of arrest of the accused/ applicants, they be released on their executing P.R. bond in the sum of Rs.5000/- (Rupees five thousand) each and a surety in like amount. The accused/ applicants shall not indulge in similar activities and also shall not coerce the complainant in particular. Application allowed, finally disposed of. K.U. CHANDIWAL JUDGE fmp/cri12611