DIPAK JANKIRAM ADANE AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

              936 CRIMINAL APPEAL NO. 298 OF 2026

1.   Dipak Jankiram Adane

2.   Vilas Prakash Hatkar

3.   Vijay Pandurang Gaikwad                   ….Appellants

VERSUS

The State of Maharashtra & another             …..Respondents

Mr. P. P. Borade, Advocate for Appellants
Mr. S. B. Narwade, APP for the State.
Ms. Smita Chole (Kendre) Advocate (appointed) for Respondent No. 2.

                             CORAM : R. M. JOSHI, J.
                             DATE : 3rd SEPTEMBER, 2026.
PER COURT :


1.   At the outset, learned Counsel for the Appellants makes a

statement that during the pendency of the Appeal, Appellant Nos. 2

and 3 came to be arrested and they are enlarged on regular bail. He,

therefore, seeks withdrawal of the Appeal qua Applicant Nos. 2 and 3.



2.   Appeal stands dismissed qua Appellant Nos. 2 and 3 as

withdrawn.
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3.    Appellant No. 1 - Dipak Jankiram Adane seeks pre-arrest bail

in connection with Crime No. 035/2026 registered with Sengaon

Police Station, District Hingoli, for the offences punishable under

Sections 118(1),115(2), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita

and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.



4.    First Information Report lodged by Pravin indicates that some

incident had occurred on 23.01.2026 in which the present Appellant

and co-accused have assaulted him. There is allegation against one

of the accused of he abusing the informant over his caste.



5.    Learned   Counsel    for   Appellant   submits   that   there   is

unexplained inordinate delay of six days in lodging of the First

Information Report. It is his submission that there was report lodged

against the informant herein and other accused on 26.01.2026 and

the present report is lodged by way of counter blast.         It is his

submission that there is allegation against the Appellant of he

abusing the informant over his caste and causing of grievous injury

to the informant is not attributable against the present Appellant.
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6.    Learned APP and learned Counsel for the informant opposed

grant of any protection to the Appellant by referring to the fact that

all accused persons came to the spot and caused assault on the

informant which shows common intention on their part.          Learned

Counsel for informant submits that causing of simple injury will not

absolve the Appellant from assault. As far as allegation with regard

to abusing over caste by co-accused is concerned, it is her contention

that the Appellant being the member of unlawful assembly he is

responsible for the acts of others.



7.    Prima facie perusal of the record indicates that there is delay of

six days in lodging of the report. There is no satisfactory explanation

for the same.    Apart from this, there is no allegation against the

present Appellant that he abused the informant over his caste. The

injury allegedly attributable to the present Appellant is simple in

nature. Having regard to these facts, there is no justification for not

protecting the liberty of the Appellant.         For the purpose of

investigation, if any, appropriate directions to appear before the

Investigation Officer will serve the purpose of investigating agency.

Hence, Appeal is allowed in following terms :-
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                             ORDER

(i)     Appeal stands dismissed qua Appellant Nos. 2
and 3 as withdrawn.


(ii)    In the event of arrest of appellant No. 1 Deepak
Jankiram Adane, in connection with Crime No.
035/2026 registered with Sengaon Police Station,
District Hingoli, for the offences punishable under
Sections 118(1),115(2), 352, 351(2), 3(5) of Bharatiya
Nyaya Sanhita and Sections 3(1)(r), 3(1)(s), 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, he be released on bail on furnishing PR
Bond of Rs. 15,000/- (Rs. Fifteen Thousand only)/each
with one surety in the like amount.


(iii)   He shall attend the concerned police station as
and when called.


(iv)    He shall not contact the witnesses directly or
indirectly.


(v)     He shall not interfere with the evidence in any
manner whatsoever.


(vi)    He    is   further    directed   to   cooperate   the
investigating agency for further investigation.
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        (vii)   Learned APP to communicate this order to the
        concerned Investigating Officer.


8.    Fees of appointed Counsel is quantified at Rs. 10,000/-.



                                                ( R. M. JOSHI, J.)

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