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Bombay High Court

SANJAY RAMDAS CHAUDHARY AND ORSversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court allowed the anticipatory bail, setting aside the earlier order rejecting it.

Summary

The appellants appealed against the rejection of their anticipatory bail application in a case involving alleged offences under the Indian Penal Code and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The appellants argued that the FIR statements were uncorroborated, no independent witness saw the incident, and the alleged injuries were simple, making the Atrocities Act provisions inapplicable and the IPC offences bailable. The respondents contended that specific caste‑based abuse and assault with a weapon were alleged, warranting denial of bail. The court, referring to the Supreme Court’s decision in Hitesh Verma v. State of Uttarakhand, held that the alleged offences were not committed in public view and that the lack of weapon identification and simple injuries did not justify denial of bail. Consequently, the court set aside the lower court’s order, granted anticipatory bail, and prescribed a bail bond of Rs.15,000 with one surety for each appellant.

Issues considered

  • Whether the allegations under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act are sufficiently substantiated to deny anticipatory bail.
  • Whether the alleged offences were committed in public view as required by precedent.
  • Whether the absence of an identified weapon and the nature of injuries affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act
  • Indian Penal Code
  • public view
  • independent witness
  • weapon identification

Judgment

                                                                       49-APEAL-1070-2025.DOC




                                                                                      Rekha Patil


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                     CRIMINAL APPEAL NO.1070 OF 2025


                      Sanjay Ramdas Chaudhary And Ors.                          …Appellants
                            Versus
                      The State of Maharashtra and Anr.                       …Respondents


                      Mr. Akshay Bankapur, for the Appellants.
                      Mr. Ashok S. Gawai, APP, for the Respondent No.1-State.
                      Mr. Pankaj Das, for the Respondent No.2.


                                            CORAM:        R. M. JOSHI, J.
                                            DATED:        17th FEBRUARY, 2026
                      PC:-

                      1.     This appeal takes exception to the impugned order dated
                      15th October, 2025, passed in Criminal Bail Application No. 1518
                      of 2025, whereby the Anticipatory Bail Application filed by the
                      appellant came to be rejected in connection with Crim No. 386 of
                      24, registered with Panchvati Police Station, Nashik, for the
                      offences punishable under Sections 324, 323, 427, 504, 506 r/w
                      34 of the Indian Penal Code ( for short ‘IPC) and Section 3(1)(r)
                      (s), 3(1)(va) of the Scheduled Caste and Scheduled Tribe
                      (Prevention of Atrocities) Act ( for short “Atrocities Act”).

                      2.     Learned Counsel for the appellants submits that even if
                      statement of the first informant has made in the First Information

REKHA                 Report is accepted to be true, no offence under Atrocities Act can
PRAKASH
PATIL
Digitally signed by                                  Page 1 of 4
REKHA PRAKASH
PATIL
Date: 2026.02.17
18:37:38 +0530
                                                 49-APEAL-1070-2025.DOC




be said to have been made out against the appellants. It is his
submission that since the incident has not been witnessed by any
independent person, it is not in public view as contemplated by
the Judgment of the Supreme Court in the case of Hitesh Verma
v/s State of Uttarakhand1. Insofar as allegations against appellant
No.1 is concerned, according to him, even the informant does not
specify the weapon by which the injury was caused to her. He
drew attention of this Court to the injury certificate which
indicates that injury caused to the informant to be simple in
nature.   Thus, it is his argument that the offence under the
Atrocities Act is not made out and offence under IPC is bailable.
He also drew attention of the Court to the statement recorded
during the course of investigation indicating the quarrels and even
fights occurring frequently between two families on the petty
ground on throwing of garbage.

3.    Learned APP and learned Counsel for the respondent No.2
oppose the application by contending that apart from the fact that
there are specific allegations against all appellants of abusing and
insulting the informant over a caste, against the appellant No.1,
there is specific allegation of causing assault with weapon. It is
their submission that since the weapon is yet to be recovered, this
is not a fit case for allowing the appeal.

4.    Prima facie, perusal of the record indicates that the incident
occurred on 23rd June, 2024 is not witnessed by any independent
person.   In such circumstances,       as far as the allegations with

1     AIR 2020 Supreme Court 5584


                               Page 2 of 4
                                                49-APEAL-1070-2025.DOC




regard to the abuses hurled by the appellants against the
informant, the judgment in the case of Hitesh Varma (supra)
would have application. Prima facie, this Court is of the view that
the offence cannot be said to have been committed in a public
view.

5.      As far as the allegations against the appellant No.1 is
concerned, in the First Information Report, there is no mention as
to the weapon with which the injuries are caused. The chage-
sheet indicates that the injury certificate shows those injuries to be
simple injuries. In such circumstances, this Court finds no reason
or justification to grant anticipatory bail to the present appellants.

6.      In view of the above, following order is passed;

                                   ORDER

              a)    The Appeal stands allowed.

              b)    The impugned order dated 15th October,
                    2025, passed in Criminal Bail Application
                    No.1518 of 2025 is set aside.

              c)    Criminal Bail Application No.1518 of 2025
                    stands allowed.

              d)    In the event of arrest of the appellants, they
                    be enlarged on bail on furnishing P.R. bond
                    of Rs.15,000/- each, with one surety in the
                    like amount.



                               Page 3 of 4
                                              49-APEAL-1070-2025.DOC




           e)    The appellant No.1 is directed to co-operate
                 in the investigation and for the purpose of
                 recovery, if any, he shall be treated in the
                 custody of the police.

7.   The Appeal stands disposed of accordingly.




                                                  (R. M. JOSHI, J.)
                                                                      {




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