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
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
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
Law Points
- Anticipatory bail under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989 read with Section 482 of Bharatiya Nagarik Suraksha Sanhita
- 2023 -- Delayed FIR without explanation raises suspicion about genuineness -- Counter complaints between parties indicate possibility of false implication -- No prima facie case of atrocities under Sections 3(1)(r)
- 3(1)(s)
- 3(2)(va) of SC/ST Act -- Cooperation with investigation and filing of charge-sheet eliminates need for custody -- Section 18 of SC/ST Act does not create absolute bar for bail when no prima facie case established
Case Details
2026 LawText (BOM) (02) 74
Criminal Appeal No. 953 of 2025
Mr. B. R. Warma, Mr. V. M. Chate, Mr. S. T. Mahajan
Yogitabai W/o Vinod Patil, Vinod S/o Bhagwat Patil, Bhushan S/o Vinod Patil, Yogesh S/o Vinod Patil
The State of Maharashtra Through Police Inspector, Amalner Police Station, Amalner, Dist. Jalna, The Supt. Of Police, Jalgaon, Dist. Jalgaon, Smt. Sarlabai W/o Namdeo Bagul
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Nature of Litigation
Criminal appeal against rejection of anticipatory bail application involving allegations under SC/ST Act and Bharatiya Nyaya Sanhita
Remedy Sought
Appellants seeking anticipatory bail and quashing of impugned order dated 10.12.2025 passed by Special Judge, Amalner
Filing Reason
Appellants challenged rejection of anticipatory bail in Crime No.494 of 2025 registered for offences under SC/ST Act and Bharatiya Nyaya Sanhita
Previous Decisions
Special Judge, Amalner rejected anticipatory bail application on 10.12.2025 -- High Court granted ad-interim anticipatory bail on 16.12.2025 -- Charge-sheet filed on 19.01.2026 registered as Special Case No.8 of 2026
Issues
Whether anticipatory bail should be granted despite allegations under SC/ST Act
Whether delayed FIR registration without explanation affects genuineness of allegations
Whether counter complaints indicate possibility of false implication
Whether prima facie case of caste-based atrocities is established
Submissions/Arguments
FIR registered after 13-day delay without explanation indicating false implication -- Appellant No.1 had filed NC Report against informant on same day of incident -- FIR appears to be counter complaint to NC report -- No prima facie case of atrocities established against appellants -- Appellants cooperated with investigation and charge-sheet filed -- Section 18 of SC/ST Act does not create absolute bar for bail
Ratio Decidendi
When there is delayed FIR registration without explanation and existence of counter complaints between parties, the possibility of false implication cannot be ruled out -- Section 18 of SC/ST Act does not create absolute bar for granting bail when no prima facie case of atrocities is established -- Cooperation with investigation and filing of charge-sheet eliminates need for custodial interrogation
Judgment Excerpts
The alleged incident was occurred on 12.11.2025, however, the F.I.R. No.0294 of 2025 registered on 25.11.2025 i.e. after lapse of 13 days period and no explanation has been given about lodging the delayed report in the F.I.R.
Appellant No.1 lodged a report on 12.11.2025 against respondent No.3 in respect of incident occurred on 12.11.2025
After the investigation is over, the charge-sheet has been filed on19.01.2026, which came to be registered as Special Case No.8 of 2026
No bar is created u/s 18 of SC ST Atrocities to enlarge the appellants/accused on bail
Procedural History
Incident alleged on 12.11.2025 -- Appellant No.1 filed NC Report No.1176 of 2025 on 12.11.2025 -- FIR registered as Crime No.494 of 2025 on 25.11.2025 -- Appellants filed anticipatory bail application before Special Judge, Amalner -- Special Judge rejected anticipatory bail on 10.12.2025 -- Appellants filed criminal appeal before High Court -- High Court granted ad-interim anticipatory bail on 16.12.2025 -- Investigation completed and charge-sheet filed on 19.01.2026 -- Final hearing on 04.02.2026 -- Judgment pronounced on 12.02.2026
Acts & Sections
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 14-A, Section 3(1)(r), Section 3(1)(s), Section 3(2)(va), Section 18
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 482
- Bharatiya Nyaya Sanhita: Section 309(4), Section 115(2), Section 296, Section 351(2), Section 352, Section 3(5)
