44-APEAL-504-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 44 CRIMINAL APPEAL NO. 504 OF 2026 Sudhir Vasantrao Kolase VERSUS The State Of Maharashtra And Another Mr. Joydeep Chatterji h/f Mr. A. K. Bhosle, Advocate for Appellant Mr. N. R. Dayama, APP for Respondent No. 1/State Mr. S. H. Azad & Mr. M. R. Singh, Advocate for Respondent No. 2 CORAM : R.M. JOSHI, J DATE : AUGUST 31, 2026 P. C. : 1. This Appeal is filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by Appellant seeking pre-arrest bail in connection with C.R. No. 480/2026 registered with Police Station Shrirampur City, District Ahilyanagar for the offences punishable under Sections 108, 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. First information report dated 30.05.2026 indicates that the husband of the Informant was working with present Appellant. In October, 2025, he took advance of Rs.3,100/-. On 17.05.2026 since the deceased was not keeping good health, he did not go for work. For this reason, Appellant came to their house at about 04.30 pm and abused and assaulted deceased. Deceased assured the Appellant of coming to work on the next date. She 2026:BHC-AUG:39452 44-APEAL-504-2026.odt states that the Appellant has abused the deceased over his caste. At about 06.00 pm the Informant along with deceased went to the house of the Appellant and paid Rs.3,100/- to him. While coming back, deceased was in depression and told Informant about he felt insulted. On the same day, he consumed poison. He admitted in the hospital, however, he succumbed thereto on the next date on 18.05.2026. 3. Learned Counsel for the Appellant submits that there is inordinate and unexplained delay in lodging of the report. According to him, the present report came to be lodged as the Appellant has not succumbed to the pressure of the Informant about paying damages to her. To support this submission, he drew attention of the Court to the NC recorded on 20.05.2026 by the Appellant. It is his submission that unless there is evidence to support allegations in the FIR, the offence under Section 108 of the BNS would not attract. 4. Learned APP opposed grant of any protection to the Appellant by submitting that the Informant is a lady and after death of her husband, it was not expected that she would immediately go to police station and lodge report. As far as the allegations of the assault by Appellant are concerned, the injuries caused to the elbow of the deceased are sufficient to support the said allegations. It is his submission that in fact this is a case wherein Appellant has caused interference in the evidence of the prosecution and by 44-APEAL-504-2026.odt pressurizing the Informant, she is made to file affidavit recording no objection for grant of pre-arrest bail. 5. Learned Counsel for the Informant recorded no objection for grant of pre-arrest bail. 6. Ignoring the fact that there is no objection recorded by the Informant for grant of pre-arrest bail, prima facie perusal of the record indicates that there is delay of 13 days in lodging of report. Even if the delay is ignored, the allegations against the Appellant of he causing assault on the deceased on 17.05.2026 is not supported by the post mortem notes. Needless to say that if the assault was caused, the same would reflect while examining the deceased. Moreover, there is no prima facie material on record to show that this is a case of conscious consumption of poison and not accidental consumption. This prima facie observation is inevitable in view of the fact that the alleged attributions against the Appellant of abusing deceased over his caste were not in public view, this Court finds no reason not to protect the liberty of the Appellant. Hence, the order: O R D E R (i) Criminal Appeal is allowed. (ii) In the event of arrest of the Appellant - Sudhir Vasantrao Kolase in connection with C.R. No. 480/2026 registered with Police Station Shrirampur City, District Ahilyanagar for the offences punishable under Sections 108, 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) 44-APEAL-504-2026.odt and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 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. (iii) He shall attend the concerned police station as and when required. (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) The observations made herein above are prima facie in nature and Trial Court is not bound by the same. (R. M. JOSHI, J.) Malani