955-CRA-493-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 955 CRIMINAL APPEAL NO. 493 OF 2026 Prakash Baburao Dhotre Versus The State Of Maharashtra And Another Mr. R. N. Jadhav, Advocate for Appellant Mr. N. R. Dayama, APP for Respondent Nos. 1 and 2 Mr. N. N. Bhagat, Advocate for Respondent No.3 (appointed) CORAM :R.M. JOSHI, J DATE :OCTOBER 09, 2026 P. C. : 1. Appellant apprehends arrest 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. 2. 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. There is allegation against present Appellant that he hurled abuses to the Informant. Except for this allegation, there is no allegation against this Appellant. 3. Learned Counsel for the Appellant submits that even if the statements made in the FIR are accepted to be true, no offence is made out 2026:BHC-AUG:47864 955-CRA-493-2026.odt against him under the Bharatiya Nyaya Sanhita as well as provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He, therefore, seeks liberty of the Appellant to be protected. 4. Learned APP and learned Counsel for Informant opposed grant of any protection to the Appellant by contending that present Appellant along with co-accused came to the spot which shows common intention between them. 5. Prima facie perusal of the record indicates that there is no allegation against present Appellant indicating that he has assaulted informant or insulted the member of scheduled caste or scheduled tribe community. As such, this Court finds substance in the contention of learned Counsel for the Appellant that provisions of Atrocities Act are not applicable to the instant case. Hence, Appeal deserves to be allowed. Hence, the order: O R D E R (i) Criminal Appeal is allowed. (ii) In the event of arrest of the 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 bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) with one surety in the like amount. 955-CRA-493-2026.odt (iii) He shall attend the concerned police station as and when required upon written notice from I.O. (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/-. (R. M. JOSHI, J.) Malani