957-CRA-644-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 957 CRIMINAL APPEAL NO. 644 OF 2026 Satish Alis Atish Sandip Gaikawad Versus The State Of Maharashtra And Others Mr. R. N. Jadhav, Advocate for Appellant Mr. N. R. Dayama, APP for Respondent Nos. 1 and 2 Mr. N. N. Bhagwat, Advocate for Respondent No. 3/Informant CORAM :R.M. JOSHI, J DATE :OCTOBER 09, 2026 P. C. : 1. Mr. Bhawat, learned Counsel, is appointed in Criminal Appeal no. 493/2026 on behalf of Informant. He is also appointed to represent him in present Appeal. 2. Appellant seeks regular bail in connection with C.R. No. 394/2026 registered with Police Station Rahuri, District Ahilyanagar for the offences punishable under Sections 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. First information report dated 20.04.2026 indicates that an incident had occurred on 19.04.2026 at about 09.00 pm in which present Appellant and co-accused on the spot. As far as present Appellant is concerned, there is allegation against him that he came to the spot with 2026:BHC-AUG:47863 957-CRA-644-2026.odt firearm and threatened the Informant with the same. 4. Learned Counsel for the Appellant submits that the firearm allegedly brought by the Appellant has already been recovered in Crime No. 397/2026 from accused therein who is not connected with the present crime. It is his submission that there is no allegation against present Appellant of causing any assault on informant and as such, after filing of charge-sheet, his custody is not required. 5. Learned APP and learned Counsel for Informant opposed grant of any relief to the Appellant by referring to the allegations against him in the first information report. 6. Admittedly, there are no criminal antecedents against Appellant. Even if the statements made in the FIR are accepted to be true, after conclusion of investigation with filing of the charge-sheet so also with recovery of weapon at the instance of some other person, this is a fit case to enlarge Appellant on bail. Hence, the order: O R D E R (i) Criminal Appeal is allowed. (ii) Appellant in connection with C.R. No. 394/2026 registered with Police Station Rahuri, District Ahilyanagar for the offences punishable under Sections 109, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 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 957-CRA-644-2026.odt bail on furnishing PB and SB of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. (iii) He shall attend each date of hearing before trial Court unless exempted. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. (vi) He is further directed to cooperate the investigating agency for further investigation. (vii) Learned APP to communicate this order to concerned police station. (viii) Fees of appointed Counsel is quantified @ Rs. 7,500/-. (ix) Bail before trial Court. (R. M. JOSHI, J.) Malani