Anand Gangaram Devare v. The State Of Maharashtra And Another
2025:BHC-AUG:23047 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 607 OF 2025 Anand Gangaram Devare ... Applicant
Versus
The State of Maharashtra and Another.
... Respondents .....
Mr. N. N. Bhagwat, Advocate for Applicant.
Mr. N. D. Batule, APP for Respondents - State. .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 21 AUGUST 2025 PRONOUNCED ON : 25 AUGUST 2025 ORDER :
1.
Apprehending arrest in Crime No. 118 of 2025 registered at Tophkhana Police Station, Dist Ahilyanagar for offence punishable under sections 318(4), 336(2), 336(3) and 340(2) of Bharatiya Nyaya Sanhita, 2023, instant anticipatory bail application is pressed into service.
2.
According to learned counsel for applicant, above report is lodged levelling allegations of tendering forged, manufactured, false caste validity certificate. According to learned counsel, in fact, the very caste validity certificate issued by the Committee itself has been tendered. That, there was no fabrication of documents. Without verifying the authenticity, above report has been lodged. He further submitted that, alleged certificate issued in favour of elder son of
-2applicant was on proper scrutiny and verification. Therefore, allegation of fabrication and manufacturing of document at the time of verification of validity of second son, has no basis. It is submitted that, there is other documentary evidence in support of caste claim, however, the same is not considered. Moreover, according to him, considering the nature of allegations, entire investigation pertains to documentary evidence and the said documents are already with the Committee. That, no further recovery or discovery is to be made and as the applicant is ready to co-operate with the investigating machinery, learned counsel urges for grant of bail. 3.
Learned APP opposed by pointing out that, caste scrutiny committee has conducted thorough inquiry and it was revealed during the same that no caste validity certificate was ever issued in favour of other son of the applicant, which was tendered for validity of second son. Thus, documents tendered are manufactured, forged and fake. According to learned APP, it is an attempt to derive benefits of caste even when applicant do not belong to said caste, for which, benefits are extended. For thorough investigation, learned APP urges to dismiss the application.
4.
After considering the above submissions and on going through the papers, it is emerging that, FIR is at the instance of one Police Officer posted in Vigilance Cell, Caste Scrutiny Committee,
-3Ahilyanagar and he reported that, second son of applicant, namely Sai Anand Deore tendered caste certificate dated 13.08.2024 bearing no. ED-2024-01424678 before Caste Scrutiny Committee. Committee undertook its scrutiny and noticed that, caste certificate of elder son of applicant, namely, Virendra Anand Deore was also tendered for seeking validity. However, when the said validity certificate was put to scrutiny, it was revealed that Committee had not at all issued any caste validity certificate in favour of Virendra. However, an online application dated 20.01.2022 for issuance of caste validity for Virendra Anand Deore was also submitted. Because of certain objection, Committee had not issued any validity certificate in favour of Virendra and his file was closed.
However, his father Anand Gangaram Deore had submitted caste validity certificate along with affidavit by supporting document of validity in the name of Virendra, which was never issued by the Committee. Learned APP has invited attention of this court to the order of Caste Scrutiny Committee dated 20.01.2022 by which Committee had rejected the application of Virendra Anand Deore. Therefore, thorough investigation is necessary and so this court is not inclined to extend the benefit of anticipatory bail to the applicant. 5.
The application stands rejected.
(ABHAY S. WAGHWASE, J.) Tandale