← Library
Bombay High CourtAPEAL/928/2025disposed off

Rahul @ Bapu Nivrutti Darekar v. State Of Maharashtra And ANR

2025-09-16Hon'Ble Shri Justice R. M. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.928 OF 2025 by SATISH RAMCHANDRA SANGAR Date:

2025.09.22 18:43:29 +0530 SATISH RAMCHANDRA SANGAR Rahul alias Bapu Nivrutti Darekar ...Appellant V/s.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Venkatesh Shinde a/w Mr.Ishan Paradkar:- Advocates for Appellant.

Mr.H.J.Dedhia:- APP for Respondent No.1-State.

Mr.P.S.Warule - PSI:- Wadgaon Nimbalkar Police Station (Rural).

*****

CORAM

:

S. M. MODAK, J.

DATE :

16th SEPTEMBER 2025 P. C. :- 1.

Heard learned Advocate for the Appellant and learned APP. 2.

He is accused of committing the offences under Sections 118(1), 352, 351(2), 351(3), 189(1), 189(2), 189(4), 190, 191(2), 191(3), 131 of the Bharatiya Nyaya Sanhita, 2023 ("BNS") and under Sections 3(1) (r), 3(1)(s), 3(2)(va) and 6 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC & ST Act"). 3.

His Application for anticipatory bail is rejected by the learned 1/3

Special Judge, Baramati as per the order dated 28th August 2025. He made following two submissions:- (a) There is no allegation of hurling of caste abuses by this Appellant.

(b) There is no allegation about assaulting with knife. (c) All the weapons are recovered. It is mentioned by the Police in the report given before the trial Court.

4.

Learned APP submitted that on the basis of provisions of Section 6 of SC & ST Act, some of the provisions of IPC can be invoked. That is why the present Appellant by remaining present and by possessing a weapon has shared a common intention.

5.

The FIR is dated 30th June 2025. Today I am inclined to grant ad-interim protection considering the fact that weapon is seized by the Police. After hearing the First-Informant, the Court will decide whether to continue it or vacate it. Hence the following order:-

O R D E R

(i) In case of arrest in connection with C.R. No.178 of 2025 registered with Vadgaon Nimbalkar Police Station - Pune Rural for the offences under Sections 118(1), 352, 351(2), 351(3), 189(1), 189(2), 189(4), 190, 191(2), 191(3), 131 of BNS and under Sections 3(1)(r), 3(1)(s), 3(2)(va) and 6 of SC & ST Act, the Appellant-Rahul alias Bapu Nivrutti 2/3

Darekar be released on bail on furnishing personal bond and surety bond of Rs.25,000/- (Rupees Twenty Five Thousand).

(iii) The Applicant not to threaten the prosecution witnesses or to allure them in any manner.

(iv) The Applicant to attend the concerned Police Station on 17th and 29th October 2025 from 10.00 to 12.00 noon. 6.

Stand over to 22nd September 2025.

7.

Issue notice to the victim. It be served through the local Police. 8.

Connected Appeal (ST) No.15567 of 2025 be also kept on 22 nd September 2025.

[S. M. MODAK, J.] 3/3