(1.) Heard. Admit. The present appeal is taken up for final hearing on merit with the consent of both sides.
(2.) This appeal is directed against the impugned order dated 26-10-2018 passed by learned Additional Sessions Judge, Newasa, in Criminal Misc. Application (Bail) No. 264 of 2018 rebuffing the relief of pre-arrest bail of the appellant in Crime No. I-661 of 2018 registered at Newasa Police Station under section section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act of 1989" for the sake or brevity). The appellant preferred present appeal by invoking remedy under section 14-A(2) of the Act of 1989.
(3.) The prosecution case in short compass is that the first informant Shri Vijay Shirsath resident of Warkhed Tq. Newasa, on 14-10-2018 approached to the Police of Newasa Police Station, District Ahmednagar and lodged the report that there was temple of Goddess "Mahalaxmi" in the village and his father Ashru Shirsath was Joint Secretary whereas appellant-accused Kadubal Gore was Secretary of the Temple. The father of the first informant cast aspersion about misappropriation and illegality in the affairs of the trust of temple. Therefore, he filed complaint to the Newasa Police Station against members of Board of Trustees of the temple. It has been alleged that on 13-07- 2018 the appellant and his clerk Ashok Mane, both without any resolution of the Trust or any permission from Charity Commissioner attempted to sale the brass articles of the trust to the merchant, namely, Kumbhakarna in weekly bazar of village Nimgaon. The first informant took out the photographs in his cell phone while selling the brass articles belongs to the trust by the appellant. Thereafter, he had filed the complaint to the Police against appellant and Shri. Mane, Clerk of the trust. According to prosecution, on 28-08-2018 in the morning at about 11.00 a.m. wife Sangita of the first informant and neighbour Sangita Kamble had been to collect fire wood near canal. Meanwhile, guests arrived at the house of first informant, and therefore, he had been to call the wife Sangita near the canal. While returning to home with wife, first informant was passing from the road in front of residence of appellant-Kadubal Govind Gore. After seeing the first informant, the appellant taking umbrage of police complaint reprimanded him that for what reason he had taken the photographs and filed complaint against him. He hurled the abuses in the name of his caste "[1]". He has also given threats to the first informant. The wife Sangita and neighbour Sangita Kamble both had given understanding to the first informant not to file complaint against the appellant in the Police Station, which would cause their relations strained. Therefore, first informant did not file complaint to the Police Station. But, the appellant used to harass the first informant by giving castiest abuses. Eventually, first informant rushed to the Police Station and filed the FIR against the appellant.