KAILAS NIVRUTTI YEOLE AND ANRversusTHE STATE OF MAHARASHTR AND ANR

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL APPEAL NO.666 OF 2026

                       Kailas Nivrutti Yeole & Anr.          … Appellants
                              Vs.
                       The State of Maharashtra & Anr.       … Respondents
                                                          -----
                       Mr. Aniket Nikam a/w Sumit Patil i/by Abhilasha Pawar for the Appellants.
                       Ms. S. S. Kaushik, APP for Respondent No.1-State.
                       Ms. Pravda Raut, appointed advocate for Respondent No.2.
                                                          -----
                                                       CORAM :     N.R. BORKAR, J.
                                                       DATE    :   28TH SEPTEMBER 2026
                       P.C. :

          Digitally
                       1.       This Appeal under Section 14-A of the Scheduled Caste and the
          signed by
          MUGDHA
MUGDHA    MANOJ
          PARANJAPE
                       Scheduled Tribes (Prevention of Atrocities) Act, 1989 takes exception to
MANOJ
PARANJAPE Date:
          2026.09.28
          19:07:02     the order dated 20th July 2026 passed by the Learned Additional Sessions
          +0530

                       Judge, Yeola in Criminal Bail Application No.165 of 2026.

                       2.       By the impugned order, the Learned Additional Sessions Judge has
                       rejected the anticipatory bail application filed by the present Appellants,
                       who are apprehending their arrest in Crime No.193 of 2026 registered at
                       Yeola Police Station for the offences punishable under Sections 74, 115,
                       351(2), 324(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections
                       3(1)w(i)(ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes
                       (Prevention of Atrocities) Act, 1989 (for short “SC & ST Act”).


                       3.       The incident took place on 16th June 2026, while the victim was
                       going to the court at Yeola. It is alleged that the present Appellants


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accosted her and told her to withdraw the earlier criminal case filed by her
against them. It is alleged that they slapped her and torn her blouse and
thereby outraged her modesty.


4.       I have heard Learned Counsel for the Appellants, Learned APP for
Respondent No.1-State and Learned Counsel for Respondent No.2-victim.


5.       Learned Counsel for the Appellants submits that there is a delay of
two days in lodging the FIR. It is submitted that initially the crime was
registered only for the offences under the Bharatiya Nyaya Sanhita and
after ten days, the offences under the SC & ST Act came to be invoked
against the Appellants. Learned Counsel for the Appellants submits that
Appellants are ready and willing to stay out of Yeola Taluka till conclusion
of trial and has tendered the Affidavit-cum-Undertaking of the Appellants
to that effect. The Affidavits-cum-Undertaking of the Appellants are taken
on record and marked ‘X’ collectively for the purpose of identification.


6.       On the other hand, Learned APP for Respondent No.1-State and
Learned Advocate for Respondent No.2 submit that the Appellants are
involved in a serious crime of outraging the modesty of the victim. It is
submitted that earlier also the Appellants had outraged the modesty of
victim and thus there is one more crime pending against them. Learned
Counsel for Respondent No.2 submits that after registration of the present
crime, the Appellants had threatened the victim and thus non-cognizable
offence is registered against them. It is submitted that the Appellants
therefore may not be released on anticipatory bail.



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7.         I have perused the FIR. Prima-facie there appears to be delay in
lodging the report. Apart from it, initially the offences under the SC & ST
Act were not invoked. There appears to be no need of custodial
interrogation of the Appellants. Considering the overall facts and
circumstances, I am inclined to release the Appellants on anticipatory bail.
Hence, the following order:
                                         ORDER

      i.   The Criminal Appeal is allowed.

      ii. The impugned order is set aside.

      iii. In the event of the arrest of the Appellants in Crime No.193 of
           2026 registered at Yeola Police Station for the offences
           punishable under Sections 74, 115, 351(2), 324(2) of the
           Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)w(i)
           (ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes
           (Prevention of Atrocities) Act, 1989, they shall be released on
           bail on furnishing a PR Bond in the sum of Rs.25,000/-
           (Rupees Twenty Five Thousand Only) each with one or two
           sureties in the like amount.

      iv. The Appellants shall not enter into the limits of Yeola Taluka,
          except to attend the dates before the trial court.

      v.   The Appellants shall not tamper with the prosecution
           evidence.

      viii. Liberty is granted to the prosecution and to the victim to file
            an application for cancellation of present anticipatory bail in
            case the Appellants commit breach of any of the above
            conditions.



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8.        The Criminal Appeal is disposed of in the aforesaid terms.


                                              (N.R. BORKAR, J.)




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