YASH CHANDRAKANT PATILversusSTATE OF MAHARASHTRA AND ANR

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPEAL NO.885 OF 2025

Yash Chandrakant Patil                      … Appellant
      Vs.
The State of Maharashtra & Anr.             … Respondents
                                  -----
Mr. Akshay Bankapur for the Appellant.
Mr. Mayur Sonavane, APP for Respondent No.1-State.
Ms. Kanchan Pawar, appointed advocate for Respondent No.2.
PSI Vikas Panchmukh, Adgaon PS, Nashik City is present.
                                  -----

                                CORAM :     N.R. BORKAR, J.
                                DATE    :   08TH OCTOBER 2026
P.C. :


1.       This Appeal under Section 14-A of the Scheduled Caste and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 takes exception to
the order dated 22nd July 2025 passed by the Learned Additional Sessions
Judge, Nashik in Criminal Bail Application No.1277 of 2025.

2.       By the impugned order, the Learned Additional Sessions Judge has
rejected the anticipatory bail application filed by the present Appellant,
who is apprehending his arrest in Crime No.201 of 2025 registered at
Adgaon Police Station for the offences punishable under Sections 117(3),
351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and under Sections
3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short “SC & ST Act”).




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3.       The Appellant was working as a security guard in the housing
society where the first informant was residing. It is the case of the
prosecution that on the date of incident, which took place on 08 th June
2025, on account of trivial issue of car parking a dispute arose between
the Appellant and the injured informant, who belongs to the scheduled
tribe. It is alleged that during the said dispute the present Appellant has
abused the first informant on his caste and assaulted him by steel bracelet
which he was wearing.


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


5.       Learned Counsel for the Appellant submits that there is no material
to show that the present Appellant was aware about the caste of first
informant. It is submitted that the CCTV footage collected during the
investigation do not support the version of first informant. It is submitted
that there is no need of custodial interrogation and the Appellant is ready
and willing to co-operate in the investigation. It is further submitted that
there are no other criminal antecedents against the present Appellant.


6.       On the other hand, Learned APP for Respondent No.1-State and
Learned Advocate for Respondent No.2 submit that custodial interrogation
of the present Appellant is necessary to recover the bracelet. It is further
submitted that there is a bar under Section 18 & 18-A of the SC & ST Act
to entertain the anticipatory bail.


7.       I have perused the transcript of the CCTV footage. Prima-facie the


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said transcript does not support the version of the first informant. There is
no reference of caste based abuses in the statement of the witness
Mr.Kiran, who according to the prosecution was present at the time of
alleged incident. In that view of the matter, I am inclined to release the
Appellant 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 Appellant in Crime No.201 of
           2025 registered at Adgaon Police Station for the offences
           punishable under Sections 117(3), 351(2), 352 of the
           Bharatiya Nyaya Sanhita, 2023 and under Sections 3(1)(r),
           3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled
           Tribes (Prevention of Atrocities) Act, 1989, he shall be
           released on bail on furnishing a PR Bond in the sum of
           Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or
           two sureties in the like amount.

      iv. The Appellant shall not tamper with the prosecution evidence.

      v.   The Appellant shall not commit any other crime.


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


                                               (N.R. BORKAR, J.)




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