IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 CRIMINAL APPEAL NO. 642 OF 2026 SHAYAD SHAIKH ABDUL SHAIKH VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Mr. Nanabhau R. Thorat, Advocate for Appellant Mr. S. P. Joshi, APP for the Respondent/State Mr. Vishal R. Gadekar, Advocate for respondent No.3 (appointed) CORAM : R. M. JOSHI, J. DATED : 9th SEPTEMBER, 2026 PER COURT :- 1. This appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act takes exception to the order dated 24.06.2026 passed by the learned Special Court in Bail Application No. 555/2026, rejecting the application for regular bail in connection with Crime No. 283/2025, registered with Talwada Police Station, District Beed, for the offences punishable under Sections 115, 115(2), 140(3), 352, 351(4), 119(1), 118(1), 227(2), 189(2), 191(2), 191(3), 190 and 3(5) of the Bharatiya Nyaya Sanhita, and under Sections 3(1)(r), 3(1)(s) and 3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. The First Information Report indicates that an incident had occurred on 10.09.2025, in which the husband of the informant was assaulted by the 933 APEAL 642.2026.odt 1 of 3 2026:BHC-AUG:41564 appellants and co-accused. He was abused and assaulted by them. Offences came to be registered against in all 12 persons. 3. Learned Advocate for the appellant submits that there are civil disputes between the co-accused and the informant and, as the present appellant is a witness to one of the civil transactions, he is being falsely implicated in the present crime. It is his submission that the name of the present appellant is not reflected in the First Information Report, nor is there any attribution against him in the statements of the witnesses so as to attract the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Learned APP and learned Advocate for the informant opposed the grant of bail to the appellant on the ground that there is evidence to show involvement of appellant in the crime. 5. The accused who were named in FIR are already enlarged on bail. More particularly when there is no material on record to show the complicity of the appellant in the crime, he cannot be denied bail. Though learned Advocate for the informant drew the attention of the Court to the fact that there is one criminal antecedent against the present appellant, in the absence of any material showing his involvement in the present crime, this Court finds no reason not to grant relief to the appellant. Hence, the following order. 933 APEAL 642.2026.odt 2 of 3 ORDER (i) Appeal is allowed. (ii) Appellant in connection with Crime No. 283/2025, registered with Talwada Police Station, District Beed for the offences punishable under Sections 115, 115(2), 140(3), 352, 351(4), 119(1), 118(1), 227(2), 189(2), 191(2), 191(3), 190, 3(5) of the Bharatiya Nyaya Sanhita and under Sections 3(1) (r), 3(1)(s), 3(1)(g) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) He shall attend the concerned police station as and when called by the Investigating Officer. (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 for the Respondent/State to communicate this order to the concerned Police Station. 7. The fee of the appointed counsel is quantified at Rs. 10,000/-, which shall be paid by the High Court Legal Services Authority, Sub-Committee, Aurangabad. ( R. M. JOSHI, J.) ssp 933 APEAL 642.2026.odt 3 of 3