[Cites 9, Cited by 0]
Bombay High Court
Gaurav Bharat Umate In Jail vs State Of Maharashtra Thr Pso Ps ... on 1 April, 2026
2026:BHC-NAG:5122
1 28.apeal.501.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 501/2025
Gaurav Bharat Umate Vs. 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. Mr. S. A. Kanetkar, Advocate for
Appellant.
Mr. G. S. Umale, A.P.P. for Respondent/State.
Ms. Varsha A. Warade, Advocate (Appointed) for Respondent No.2.
CORAM : NEERAJ P. DHOTE, J.
DATED : 01.04.2026
1. Heard finally at the stage of admission with the
consent of learned Counsel appearing for the parties.
2. This is an Appeal under Section 14-A of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 against the order below Exhibit - 65,
passed by the learned Trial Court in MCOC Special Case
No.147/2023 on 05.07.2025 rejecting the Application for
regular bail.
3. It is the prosecution's case that, on 10.05.2023,
Vijay Tole was found missing and, therefore, his brother
Gajanan lodged the missing report. During the enquiry, the
bicycle of the deceased was seen parked near J. K. Wine Bar.
The C.C.T.V. footage of the said bar was analysed. It was seen
that, the accused Gaurav Umate (Appellant) and Amit Yadav
were seen along with the deceased. The dead body was
found in the septic tank in the vicinity of Lohara. The crime
bearing No.0682/2023 came to be registered with
Awdhutvadi Police Station, District Yavatma for the offence
2 28.apeal.501.25.odt
punishable under Section 396, 302 and 201 of the Indian
Penal Code, 1860. The Appellant came to be arrested. The
co-accused came to be arrested. The offence punishable
under Section 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short, SC and ST Act) and Section 3(1)(i) and 3(2), 3(4) of
the Maharashtra Control of Organised Crime Act, 1999
(MCOC Act) came to be added in the aforesaid crime. On
completion of the investigation, the charge-sheet came to be
filed.
4. It is submitted by the learned Senior Advocate
for the Appellant that, the co-accused namely Fulchand
Kasar, Ankush Ramteke, Dipak Puram and Aditya Pali, who
are also named by the eye witness as the assaulters are
granted bail by the learned Trial Court. The Appellant and
co-accused Amit were seen in the C.C.T.V. footages. The
Appellant is behind bar for a period of 2 years and 10
months and the trial has not commenced. The Appellant is
ready to abide by the conditions and cooperate with the trial
Court.
5. It is submitted by the learned A.P.P. and learned
Advocate for the Respondent No.2 - Victim that, the weapon
used in the crime and the gold ring of the deceased came to
be seized at the instance of the Appellant. The Appellant
was seen in the C.C.T.V. footages. They submit that, the
Appeal be rejected.
6. With the assistance of both the sides, perused
the papers on record.
3 28.apeal.501.25.odt
7. Undisputedly, the charge-sheet is filed against
six (6) accused persons. The learned Trial Court while
rejecting the bail application of the Appellant by the
impugned order observed that, there are call records inter se
the Appellant and the co-accused showing their connection
with each other. The statement of the eye witness is recorded
after a period of four (4) months from the date of the
incident and the eye witness also named the co-accused,
who are granted bail. The charge-sheet shows five (5)
offences against the Appellant, out of which he is acquitted
in two (2) cases. As the co-accused who are also named by
the eye witness as the assaulter are granted bail by the
learned Trial Court, the Appellant is entitled for the bail on
the ground of parity. Hence the following order :
ORDER
a] The Appeal is allowed.
b] The impugned order dated 05.07.2025 passed
by the Additional Sessions Judge, Yavatmal is
hereby quashed and set aside.
c] The Appellant - Gaurav Bharat Umate shall be
released on bail in connection with Crime No.
0682/2023 registered at Awdhutwadi Police
Station, District Yavatmal for the offences
punishable under Sections 396, 302 and 201 of
the Indian Penal Code, 1860, offence punishable
under Section 3(2)(v) of the Scheduled Castes
and the Scheduled Tribes (Prevention of
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Atrocities) Act, 1989 and for the offence
punishable under Sections 3(1)(i) and 3(2),
3(4) of the Maharashtra Control of Organised
Crime Act, 1999, on executing P.R. Bond of
Rs.25,000/- with one (1) solvent surety in the
like amount.
d] The Appellant shall co-operate with the learned
Trial Court.
e] The Appellant shall not enter into the territorial
jurisdiction of Yavatmal District (except for
attending Court proceedings) for a period of one
(1) year from the date of release of the
Appellant.
f] The Appellant shall provide the details of his
address where he would be staying and phone
number to the Investigating Officer and also to
the learned Trial Court.
g] The fees of the appointed Advocate for the
respondent No.2 - Victim is quantified at
Rs.7500/-.
The Criminal appeal is disposed of.
(NEERAJ P. DHOTE, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 01/04/2026 18:52:06
