Case Note & Summary
The High Court Partly allowed the criminal appeal filed by four appellants challenging the rejection of their anticipatory bail application by Special Judge, Amalner -- The case involved allegations under SC/ST Act and Bharatiya Nyaya Sanhita stemming from a neighborhood dispute on 12.11.2025 -- The Court found significant issues with the prosecution case including 13-day delay in FIR registration without explanation, existence of counter complaint filed by appellant No.1 against the informant, and lack of prima facie evidence of caste-based atrocities -- The Court had granted ad-interim anticipatory bail on 16.12.2025 during which appellants cooperated with investigation and charge-sheet was filed -- The Court held that when no prima facie case of atrocities is made out, Section 18 of SC/ST Act does not create absolute bar for granting bail -- The appeal was Partly allowed and anticipatory bail confirmed
Headnote
The High Court of Judicature of Bombay Bench at Aurangabad Partly allowed the criminal appeal and granted anticipatory bail to the appellants -- The Court considered the appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) read with Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 -- The appellants challenged the order dated 10.12.2025 passed by Special Judge, Amalner rejecting their anticipatory bail application -- The FIR was registered on 25.11.2025 for alleged incident on 12.11.2025 under Sections 309(4), 115(2), 296, 351(2), 352, 3(5) of Bharatiya Nyaya Sanhita (BNS) and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act -- The Court noted 13-day delay in FIR registration without explanation -- The Court observed appellant No.1 had filed NC Report No.1176 of 2025 against respondent No.3 on 12.11.2025 -- The Court found the FIR appeared to be counter complaint to the NC report -- The Court granted ad-interim anticipatory bail on 16.12.2025 -- The appellants cooperated with investigation and charge-sheet was filed on 19.01.2026 -- The Court held no prima facie case of atrocities established -- The Court found Section 18 of SC/ST Act does not create absolute bar for bail -- The Court Partly allowed the appeal and confirmed anticipatory bail
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Issue of Consideration: Whether the appellants/accused are entitled to anticipatory bail in connection with Crime No.494 of 2025 registered under various sections of Bharatiya Nyaya Sanhita and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
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Final Decision
The High Court Partly allowed the criminal appeal -- The Court set aside the impugned order dated 10.12.2025 passed by Special Judge, Amalner -- The Court confirmed the anticipatory bail granted to appellants on 16.12.2025 -- The appellants were directed to continue on same terms and conditions
