ANANT RAMESH NIKAMversusTHE STATE OF MAHARASHTRA AND OTHERS

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       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

              928 CRIMINAL APPEAL NO. 762 OF 2026

Anant Ramesh Nikam                               ….Appellant

VERSUS

The State of Maharashtra & others                …..Respondents

Mr. D. S. Bagul, Advocate for Appellant
Mr. S. P. Joshi, APP for the State.
Mr. H. A. Karad, Advocate holding for Mr. A. V. Hon, Advocate for the
Informant.

                              CORAM : R. M. JOSHI, J.
                              DATE : 1st OCTOBER, 2026.
PER COURT :


1.    This appeal under Section 14A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act takes exception to the

order passed by the Special Judge, rejecting the pre-arrest bail of the

Appellant and seeks pre-arrest bail of the Appellant.



2.    First Information Report indicates that according to the

Informant the incident had occurred on 22.07.2026 at about 11.00

am when the present Appellant came to the site where the informant

was working. He abused him over his caste and asked for return of

money. When the informant refused to pay money for want of the

same, Appellant is said to have assaulted the informant with knife on
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his abdomen. There is further allegation of Appellant robbing him of

Rs.10,000/- and attempting to remove amount of Rs. 40,000/- from

the pocket of his pant.    When two witnesses came to the spot,

Appellant has also assaulted them.



3.   Learned Counsel for the Appellant submits that the present

report came to be lodged at the instance of the sitting MLA since

Appellant is the one who lodged complaint in respect of the illegal

mining of land belonging to Abjijeet Bharne. It is his submission by

referring to the documents placed on record that Appellant was

present during conducting of panchanama as it is reflected from the

panchanama and therefore, there is no substance in the allegations

against him. According to him, this is a fit case wherein appropriate

directions are required to be issued to the Investigating Officer for

conducting investigation from the said angle including recording of

statement of revenue authorities and police personnel who came to

the spot pursuant to the phone call made by the Appellant.



4.   Learned APP and learned Counsel for the informant opposed

grant of any relief to the Appellant by referring to the allegations
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against the Appellant in the First Information Report so also injury

certificate which supports the same.



5.    Prima facie perusal of the record indicates that there is First

Information Report lodged by the informant specifically stated alleged

acts committed by the Appellant against him including the act of

abusing him over his caste.      There is allegation of using knife to

cause assault on the informant which gets support from the injury

certificate placed on record. It is not open for this Court at this stage

to discard said statement/evidence unless there is any contrary

evidence placed on record which would create doubt with regard to

its veracity.



6.    Perusal of record sought to be placed before this Court by the

Appellant indicates that said panchanama at the most indicates

presence of Appellant at about 12.00 noon in the other land. There is

dispute about the fact that both the places are nearby to each other.

Therefore, it cannot be said that Appellant’s presence at the spot of

offence is impossible. The documents sought to be placed on record

by Appellant are not sufficient to accept his case of denial of his

involvement in the crime.     Having regard to these facts, this Court
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finds no justification in discarding the statement of the informant

which is supported by medical certificate.



7.    Apart from the fact, when offence under Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act is made out against

the Appellant bar of Section 18 of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, gets attracted to the case. In the

circumstances of the case, custodial interrogation of the Appellant

would be necessary for recovery of weapon used in the crime.



8.    Hence, appeal stands dismissed.



                                                  ( R. M. JOSHI, J.)

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