Akash Nagesh Alias Nagnath Lokhande v. State Of Maharashtra And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 3 OF 2026 Akash Nagesh Alias Nagnath Lokhande
VERSUS
State of Maharashtra And Anr.
...
Mr. Umesh Mankapure a/w Mr. Ganesh M. Khatkale, Advocate for Appellant Ms. Supriya Koregave, Advocate for Respondent No.2 through legalaid. Mr. Nitin B. Patil, APP for the Respondent No.1-State. ...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 27th APRIL, 2026 P. C. :
1.
The Appellant seeks anticipatory bail in connection with C.R. No. 924 of 2025 dated 22.11.2025 registered with Sangola Police Station, District Solapur for the offences punishable under Sections 79, 115(2), 352, 351(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter "SC/ST Act").
2.
Learned Counsel for the Appellant submits that the order under challenge is unsustainable in law and it is a case of over Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2026.04.30 17:34:24 +0530 SAJAKALI LIYAKAT JAMADAR 1 of
implication. Investigation is complete. The applicant has no criminal antecedents. Hence, prayed to allow the application. 3.
Per contra, learned APP assisted by learned counsel for Respondent No.2 opposed the application submitting that the offence is serious in nature. Thus, prayed to reject the application. Learned APP has further expressed an apprehension that if the applicant is released on may he may influence or threaten the witnesses.
4.
Having heard the submissions from the respective sides and upon perusal of the record including charge-sheet prima facie indicates that the alleged incident has occurred on a trivial issue. Since the alleged incident has occurred at two instances, the allegations therein prima facie do not satisfy the ingredients of "within public view", as defined under the SC/ST Act. 5.
Further, there are no injuries indicated in the medical report. The statements of the witnesses, having been recorded by the Investigating Agency at a belated stage, prima facie do not inspire confidence and there is a possibility of over implication. The Appellant having clean antecedents, the Appellant's liberty deserves to be protected.
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6.
As far as the apprehension expressed by the learned A.P.P., the same can be adequately taken care of by imposing stringent conditions. Hence, the order :-
O R D E R
I.
The appeal is allowed.
II.
In the event of arrest of Appellant - Akash Nagesh Alias Nagnath Lokhande, in connection with C.R. No. 924 of 2025 dated 22.11.2025 registered with Sangola Police Station, District Solapur for the offences punishable under Sections 79, 115(2), 352, 351(2), 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, he be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like amount,, on the following conditions :- (a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.
(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court. 3 of
(c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.
(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to approach the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail. III.
Needless to state that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same.
IV.
Professional fees to be paid to learned counsel for the Respondent No.2 appointed through High Court Legal Services Authority is quantified as Rs.10,000/-.
[SACHIN S. DESHMUKH, J.] 4 of