Baba Natha Takale And Others v. The State Of Maharashtra And Others

932criapeal44.26

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CRIMINAL APPEAL NO. 44 OF 2026 BABA NATHA TAKALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Appellants : Mr. Andhale Sandip Ramnath APP for Respondents/State : Mr. K.S. Patil ...

CORAM : Y.G. KHOBRAGADE, J.

DATE : 28.01.2026 PER COURT :

1.

Heard the learned counsel appearing for the appellants. 2.

By the present appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellants/accused challenge the order dated 06.01.2026, passed by the learned Special Judge, Ahmednagar in Criminal Bail Application No. 2030 of 2025, thereby, declined to release the appellants/accused on anticipatory bail, in connection with the Crime No. 313 of 2024, registered with Ahilyanagar Taluka Police Station, Ahmednagar for the offence punishable under Sections 143, 147, 148, 149, 307, 324, 427, 504 and 506 of the Indian Penal Code, under Section 4/25 of the Arms Act, under Sections 3(1)(r), 3(1)(s), 3(2) (5) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 37 (1) and 37 (3) and 135 of the Maharashtra Police Act.

3.

I have gone through the contents of the First Information

932criapeal44.26 Report, wherein, the informant/respondent no.2 specifically stated that on 28.03.2024 at about 4.00 a.m., the appellants/accused visited at his house along with other unknown 15 to 20 persons and asked him not to stay there. Thereafter, the present appellant/accused Balu Nivrutti Takale assaulted him with sword on his left leg, due to which he sustained injuries and at the same time accused no.1- Baba Natha Takle uttered not to leave the informant. So also, other accused and another one accused Kolhe assaulted on his head with sword and on left hand. So also, the appellant no.2/accused- Bajrang Ashok Urgude assaulted him with stick and damaged his motorcycle.

4.

There is no statement in the appeal about recovery of the weapon at the instance of the accused persons. Therefore, considering the nature of the offence, I am not inclined to grant ad-interim anticipatory bail to the appellants at this juncture.

5.

Issue notice to the non-applicant/respondent, returnable on 11.02.2026.

6.

The investigating officer shall serve the notice to the informant/respondent no.3.

7.

Mr. Patil, learned APP waives service of notice for respondent nos. 1 & 2.

( Y.G. KHOBRAGADE, J.) mahajansb/