1 4-J-APPEAL-337-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPEAL NO. 337 OF 2026 APPELLANT : Chandan Balu Rathod, Age – 37 yrs, Occu – Agriculturist, R/o Shendona, Tah. Manora, Dist : Washim. V E R S U S RESPONDENTS : 1.State of Maharashtra, Through Police Station Officer, Monora, Dist. Washim. 2.XYZ, In Crime No.256/2026 Dated 19/05/2026 Registered by P.S.O. Manora, Dist. Washim. ------------------------------------------------------------------------------------- Shri Shaharukh Sheikh, Advocate for appellant. Shri H. D. Dubey, APP for respondent No.1. Ms. Gulafshan Ansari, Advocate for respondent No.2. ------------------------------------------------------------------------------------- CORAM: Y. G. KHOBRAGADE, J. DATE : 11/09/2026. ORAL JUDGMENT : 1. Heard. Admit. Heard finally with the consent of learned counsel appearing for the parties at the stage of admission. 2. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST Act”), the appellant takes exception to the order dated 16/06/2026 passed by the learned Additional 2026:BHC-NAG:12150 2 4-J-APPEAL-337-2026.doc Sessions Judge, Mangrulpir, Dist. Washim in Criminal Bail Application No.87/2026, thereby declined to enlarge the appellant/accused on anticipatory bail in connection with Crime No.256/2026 registered with Manora Police Station for the offences punishable under Sections 74, 75(2), 296, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i), 3(1)(w) (ii), 3(2) (va), 3(1)(r) and 3(1)(s) of the SC/ST Act. 3. On perusal of the record, it appears that the respondent No.2 / informant lodged FIR with Manora Police Station alleging that on 18/05/2026 at about 8.00 p.m., the accused visited at her grocery shop and had asked for cold drink sprite bottle and at that time, he disclosed that he liked her and also asked for sexual favour. However, the appellant / accused molested and outraged her modesty and when she shouted, the appellant / accused fled away. Thereafter, the said incident was narrated by the respondent No.2 to her husband and when her husband visited the house of accused at about 8.20 p.m., the accused was not found at his house. On 19/05/2026 at about 7.00 p.m. when the husband of respondent No.2 visited the house of accused for giving understanding, but at that time, the accused allegedly abused the victim and her husband in their caste. On the basis of said FIR, Crime No.256/2026 is registered against the 3 4-J-APPEAL-337-2026.doc appellant / accused. 4. The respondent No.2 / victim is personally present before this Court and has filed reply. 5. The learned counsel appearing for the respondent No.2 canvassed that the appellant and the respondent No.2 are residing in the same locality / vicinity and in order to maintain peace and harmony in the society, they have amicably settled the dispute out of the Court. 6. The respondent No.2 has no objection for releasing the appellant / accused on anticipatory bail. 7. Nonetheless, the FIR does not reveal that the incident of casteist slur had occurred on 19/05/2026 in the public view but it appears to have been occurred inside the house of the accused. 8. Therefore, I am of the view that the necessary ingredients to constitute an offence within the meaning of Section 3 of the SC/ST Act prima facie does not appear to be made out. Therefore, the bar under Section 18 of the SC/ST Act will not create bar. Accordingly, the appellant is entitled to enlarge on anticipatory bail. 4 4-J-APPEAL-337-2026.doc 9. In view of the above, I am inclined to allow the present appeal and proceed to pass the following order :- ORDER i] Criminal Appeal No.337/2026 is allowed. ii] The impugned order dated 16/06/2026 passed in Criminal Bail Application No.87/2026 by the learned Additional Sessions Judge, Mangrulpir is hereby quashed and set aside. iii] In the event of arrest, the appellant Chandan Balu Rathod be released on bail in connection with Crime No.256/2026 registered with Manora Police Station on 19/05/2026 for the offences punishable under Sections 74, 75(2), 296, 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2) (va), 3(1)(r) and 3(1)(s) of the SC/ST Act, on execution of PR Bond of Rs.25,000/- with one or two solvent sureties in the like amount. iv] The appellant shall appear before the Investigating Officer on 16/09/2026 in between 11.00 a.m. to 2.00 p.m. and shall furnish the bail bonds. v] The appellant shall appear before the Investigating Officer on each Wednesday between 11.00 a.m. to 2.00 p.m. and co-operate with the Investigating Officer. vi] The appellant shall not indulge in any criminal activities while he is on bail. 5 4-J-APPEAL-337-2026.doc vii] The appellant shall not issue any threat to the prosecution witnesses and he shall not destroy the evidence in whatsoever manner. viii] The appellant shall regularly appear before the Trial Court and he shall co-operate for the conclusion of the trial. ix] The appellant shall furnish the copy of Aadhar Card, Mobile Number and he shall not change the SIM Card. So also, he shall supply Cell Numbers of his two close relatives. x] Violation of any bail conditions or failure to appear before the Trial Court, the prosecution will be at liberty to file application for cancellation of bail. [JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 15/09/2026 14:40:40