- 1 - criappeal298.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 936 CRIMINAL APPEAL NO. 298 OF 2026 1. Dipak Jankiram Adane 2. Vilas Prakash Hatkar 3. Vijay Pandurang Gaikwad ….Appellants VERSUS The State of Maharashtra & another …..Respondents Mr. P. P. Borade, Advocate for Appellants Mr. S. B. Narwade, APP for the State. Ms. Smita Chole (Kendre) Advocate (appointed) for Respondent No. 2. CORAM : R. M. JOSHI, J. DATE : 3rd SEPTEMBER, 2026. PER COURT : 1. At the outset, learned Counsel for the Appellants makes a statement that during the pendency of the Appeal, Appellant Nos. 2 and 3 came to be arrested and they are enlarged on regular bail. He, therefore, seeks withdrawal of the Appeal qua Applicant Nos. 2 and 3. 2. Appeal stands dismissed qua Appellant Nos. 2 and 3 as withdrawn. - 2 - criappeal298.26.odt 3. Appellant No. 1 - Dipak Jankiram Adane seeks pre-arrest bail in connection with Crime No. 035/2026 registered with Sengaon Police Station, District Hingoli, for the offences punishable under Sections 118(1),115(2), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. First Information Report lodged by Pravin indicates that some incident had occurred on 23.01.2026 in which the present Appellant and co-accused have assaulted him. There is allegation against one of the accused of he abusing the informant over his caste. 5. Learned Counsel for Appellant submits that there is unexplained inordinate delay of six days in lodging of the First Information Report. It is his submission that there was report lodged against the informant herein and other accused on 26.01.2026 and the present report is lodged by way of counter blast. It is his submission that there is allegation against the Appellant of he abusing the informant over his caste and causing of grievous injury to the informant is not attributable against the present Appellant. - 3 - criappeal298.26.odt 6. Learned APP and learned Counsel for the informant opposed grant of any protection to the Appellant by referring to the fact that all accused persons came to the spot and caused assault on the informant which shows common intention on their part. Learned Counsel for informant submits that causing of simple injury will not absolve the Appellant from assault. As far as allegation with regard to abusing over caste by co-accused is concerned, it is her contention that the Appellant being the member of unlawful assembly he is responsible for the acts of others. 7. Prima facie perusal of the record indicates that there is delay of six days in lodging of the report. There is no satisfactory explanation for the same. Apart from this, there is no allegation against the present Appellant that he abused the informant over his caste. The injury allegedly attributable to the present Appellant is simple in nature. Having regard to these facts, there is no justification for not protecting the liberty of the Appellant. For the purpose of investigation, if any, appropriate directions to appear before the Investigation Officer will serve the purpose of investigating agency. Hence, Appeal is allowed in following terms :- - 4 - criappeal298.26.odt ORDER (i) Appeal stands dismissed qua Appellant Nos. 2 and 3 as withdrawn. (ii) In the event of arrest of appellant No. 1 Deepak Jankiram Adane, in connection with Crime No. 035/2026 registered with Sengaon Police Station, District Hingoli, for the offences punishable under Sections 118(1),115(2), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only)/each with one surety in the like amount. (iii) He shall attend the concerned police station as and when called. (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. - 5 - criappeal298.26.odt (vii) Learned APP to communicate this order to the concerned Investigating Officer. 8. Fees of appointed Counsel is quantified at Rs. 10,000/-. ( R. M. JOSHI, J.) dyb