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2026 Supreme(Online)(DC) 33
DISTRICT COURT
Palash Muchhal – Appellant
Versus
State of Maharashtra – Respondent
CRIMINAL BAIL APPLICATION NO. 353 OF 2026
Important Points
Subject
Criminal Law - Anticipatory Bail
Act Referred
Bharatiya Nyaya Sanhita, 2023: S.351(2), S.352
Bharatiya Nagarik Suraksha Sanhita, 2023: S.482
Constitution of India: Art.226
Headnote
(B) Anticipatory Bail - Conduct of Applicant - Failure to cooperate with investigating officer and attempt to dictate mode of investigation - Discretionary relief of anticipatory bail is not available to an accused who refuses to cooperate with the investigating agency. (Paras 12, 13)
Facts of the case:
The applicant sought anticipatory bail in connection with an FIR lodged for offences punishable under the B.N.S., 2023 and the SC & ST Act, 1989. The informant alleged that the applicant, owing money, used casteist abuses in a public place. The applicant contended that the FIR was a retaliatory measure stemming from a monetary dispute and defamatory publications, arguing for an unexplained delay in lodging the complaint.
Findings of Court:
The court held that the FIR contained specific allegations of caste-based abuse in a public view, supported by witness accounts, thereby establishing a prima facie case. The court ruled that the bar under Section 18 of the SC & ST Act applied, precluding anticipatory bail. Additionally, the applicant's failure to cooperate with the police and his attempt to prescribe the mode of investigation further disentitled him to discretionary relief.
Issues: Whether the FIR prima facie makes out an offence under the SC & ST Act, thereby attracting the bar against anticipatory bail, and whether the applicant's conduct disentitles him to discretionary relief.
Ratio Decidendi: If a prima facie case of an offence under the SC & ST Act is disclosed from a reading of the FIR, the bar under Section 18 applies. The Court cannot conduct a mini-trial to verify evidentiary claims and must exclude relief to an accused who fails to cooperate with investigations.
Result: Application rejected.
For the Appellants/Petitioners:, For the Respondents:
ORDER BELOW EXH.1 IN
(CNR No.:- MHSN010012842026)
The applicant, apprehending arrest in C.R.No.194 of 2026 registered at Sangli City Police Station, for offences punishable under Sections 351(2),352 of the B.N.S.,2023, under Section 3(1)(r), 3(1)(s) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short ‘SC and ST Act’], filed this application under Section 482 of the B.N.S.S. to grant anticipatory bail to him.
Perused the application, reply filed by prosecution and by the first informant, investigation papers and documents filed on record by the applicant.
Prosecution case, as per allegations in the FIR is that, the first informant is acquainted with Smriti Mandhana and her father, from Sangli and through them, he is acquainted with the applicant. In the month of December-2024, informant Vidnyan gave Rs.25 lakh to the applicant to make a film, on the demand of the applicant. The applicant told that he will return Rs.40 lakh to the first informant, after film was completed. Then, the informant asked the applicant to return his amount, but the applicant was avoiding to return his amount. On 22.11.2025, there was marriage of the applicant with Smriti at Sangli. For said purpose, the applicant came to Sangli on 21.11.2025, and the first informant asked him to return the amount and the applicant told that he will give amount after his marriage is over.
It is further alleged in the FIR that, on 22.11.2025, the applicant called the first informant at Toll Naka, situated on Sangli to Ashta Road, at about 06.30 p.m. The informant went there alongwith Kalgonda Padsalagi. One Manisha Daulatrao Patil, known to the first informant, was also present there. After some time, the applicant came there and the first informant demanded his amount. It is alleged that at that time, the applicant gave caste abuses to the first informant as mentioned in the FIR, and went away. Thereafter also, the applicant only assured to return the amount on whatsapp message etc. The first informant did not give complaint in the police station for the reason that the applicant will become son-in-law of Sangli, and he should not defame him, and also for the reason that the applicant will return his amount. Still thereafter the applicant did not return his amount. Therefore on 04.05.2026, the first informant lodged FIR at Sangli City Police Station and abovesaid crime came to be registered.
Learned Advocate for the applicant vehemently argued that there is unexplained delay of 5 months in lodging FIR by the informant. It is also argued that when there is marriage of the applicant on 22.11.2025, he will not leave the place of marriage to the place of incident to commit alleged crime. It is also argued that the said informant gave complaint to Dy.S.P. Region No.9, Mumbai on 03.01.2026 alleging incident occurred on 02.01.2026, when he met with the applicant, and demanded his money. It is argued that in case alleged incident dated 22.11.2025 took place, then the first informant must have mentioned said fact in said complaint. It is further argued that, since January-2026, the first informant published several news in relation to marriage between the applicant and Smriti, which was not performed, and therefore the applicant is required to file Suit (L) No.3666 of 2026 in the Hon’ble Bombay High Court and therein the Hon’ble Bombay High Court passed interim order on 11.02.2026 restraining the first informant from repeating or airing or re-airing or publishing, republishing the defamatory interview statement as mentioned in para No.7 of the application or any other defamatory statement against the present applicant or any other statement pertaining to him in respect of said case. He also pointed out that the applicant even filed a private complaint in the Court of Chief Metropolitan Magistrate, 44th Court at Andheri, Mumbai against the informant for publishing defamatory news against the applicant. It is also pointed out that, the first
