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Bombay High CourtAPEAL/1134/2025allowed

Dattatray Namdeo Patil v. State Of Maharashtra And ANR

2026-01-21Hon'Ble Shri Justice R. M. Joshi2 pages

73_APEAL_1134_2025.DOC Prasad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1134 OF 2025 Dattatray Namdeo Patil ...Appellant

Versus

State of Maharashtra and anr.

...Respondents

Mr. Arbaz Agaskar, for the Applicant.

Ms. Latika Nevrekar, for the Respondent No.2. Mr. H.J. Dedhia, APP for the Respondent - State.

CORAM:

R. M. JOSHI, J.

DATED:

21st JANUARY, 2026.

PC:- 1.

This Appeal under Section 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is against order passed by the Additional Sessions Judge, Bhiwandi in Anticipatory Bail Application No.1100 of 2025 in connection with C.R. No.388/2025 registered with Padgha Police Station for offence punishable under Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 14 of the Child Labour (Prohibition and Regulation) Act, 1976.

2.

Learned counsel for the Appellant has drawn attention of the Court to the First Information Report in order to argue that there is absolutely no allegation against the present Appellant which would attract provisions of IPC or the Atrocities Act. It is his submission that the informant had recorded no objection for grant of bail to 21st January, 2026.

73_APEAL_1134_2025.DOC the main accused, whereas since he refused to record no objection, the Trial Court rejected the application of the present Appellant. 3.

Learned APP and counsel for Respondent No.2 oppose the application.

4.

Prima facie perusal of the First Information Report indicates that there was no allegation against the present Appellant which would constitute any offence much less offence under the Atrocities Act. Therefore, this is a fit case for allowing appeal. Hence, following order.

ORDER

(i) Appeal stands allowed.

(ii) Order passed in Anticipatory Bail Application No.1054/2025 stands set aside.

(iii) In the event of arrest in connection with C.R. No.388/2025 registered with Padgha Police Station, the Appellant be enlarged on bail on furnishing P. R. bond in a sum of Rs.15,000/- (Fifteen thousand rupees) with one local surety in the like amount.

5.

In view of the above, the Appeal stands disposed of. In view of the disposal of the Appeal, Interim Application, if any, stands disposed of.

(R. M. JOSHI, J.) { 21st January, 2026.