VIJU @ VIJAY KISHOR WAYKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant/ accused No.4, prays for grant of regular bail in connection with FIR bearing Crime No.0571/2024 registered on 9/11/2024 with Shrirampur Taluka Police Station, District Ahilyanagar, for offences punishable under Ss. 103(1), 126(2), 351(2), 351(3), 3(5) and 61(2) of the Bharatiya Nyay Sanhita, 2023 and under Ss. 3(2)(v), 3(2)(v-a) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Atrocities Act').

(2.) The said FIR was lodged by respondent No.3/ informant on 9/11/2024 alleging therein that his younger brother Rahul Dilip Pimple (deceased) was doing agricultural work and at times, was also involved in gambling activities near the factory gate at Ganesh Nagar. About one month prior to the incident, there was quarrel between the neighbour Akshay Padwal and his brother Rahul and nephew Devendra, therefore, the police complaint was lodged. According to respondent No.3/ informant, on 8/11/2024 at about 07:30 pm, driver on his tractor Rahul Nanasaheb Pawar came to his house and informed him that some persons were assaulting his brother Rahul Dilip Pimple in front of the factory gate and that they were armed with axe and knives. Upon receiving this information, the informant along with his wife and sister immediately proceeded towards the factory. Upon reaching there, the informant saw that his brother Rahul was lying in a pool of blood. They immediately called a vehicle from the village and took him to Saibaba Hospital for medical treatment. However, after examination, the doctor declared that his brother Rahul had died prior to receiving medical treatment.

(3.) Some of the accused persons were arrested immediately after registration of the FIR. However, the appellant was absconding and has filed Criminal Bail Application No.183/2024 for anticipatory bail, however, it was rejected by the learned Special Judge, Rahata, vide order dtd. 15/3/2025. Thereafter also, the appellant was absconding and with great efforts, as per the prosecution, he was arrested on 12/5/2025. After completion of investigation, the charge-sheet came to be filed and the case is registered as Special Case No.6/2025 before the learned Special Judge (Atrocity), Rahata, District Ahmednagar. The appellant filed the application below exhibit- 30 for regular bail, however, the said application came to be rejected by the impugned order dtd. 12/9/2025. Hence, this appeal before this Court.