Akshay Bhausaheb Kale v. The State Of Maharashtra And Another
2025:BHC-AUG:21979 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLICATION NO. 762 OF 2025 Pravin Bhaskar Shirsath And Another
VERSUS
The State Of Maharashtra .....
Mr V. V. Tarde, Advocate for Applicants Mr K. K. Naik, APP for respondent/State.
WITH ANTICIPATORY BAIL APPLICATION NO. 770 OF 2025 Akash Rajendra Dhokane
VERSUS
The State Of Maharashtra .....
Mr Tushar Nagarkar, Advocate h/f M/s Talekar and Associates for Applicant Mr K. K. Naik, APP for respondent/State WITH ANTICIPATORY BAIL APPLICATION NO. 791 OF 2025 Rajendra Namdeo Dhokne
VERSUS
The State Of Maharashtra And Another .....
Mr Tushar Nagarkar, Advocate h/f M/s Talekar and Associates for Applicant Mr K. K. Naik, APP for respondents/State WITH CRIMINAL APPLICATION NO. 1634 OF 2025 IN ABA/791/2025 Akshay Bhausaheb Kale
VERSUS
The State Of Maharashtra And Another
(2) WITH CRIMINAL APPLICATION NO. 1659 OF 2025 IN ABA/770/2025 Akshay Bhausaheb Kale
VERSUS
The State Of Maharashtra And others .....
Ms Anagha Pandit, Advocate h/f Mr Rajesh H. Mewara, Advocate for Applicant Mr K. K. Naik, APP for respondents/State Mr Tushar Nagarkar, Advocate h/f M/s Talekar and Associates for Respondent No.3 .....
CORAM : ADVAIT M. SETHNA, J.
DATE : 13 AUGUST 2025 P. C. :
1.
Heard learned Advocates for the Applicants and the learned APP Mr Naik for the Respondents/State in the Anticipatory Bail Applications and Ms Pandit, learned Advocate holding for Advocate Mr Mewara for the Applicant in Criminal Application No.1634/2025 and Criminal Application No.1659/2025, which are filed for intervention.
2.
At the very outset, my attention is drawn to the orders of this Court dated 16 June 2025, passed in Anticipatory Bail Application Nos.762/2025 and 770/2025, and the order dated 08 May 2025 passed in Anticipatory Bail Application No.791/2025. By the said orders, the Applicants in these Anticipatory Bail Applications were duly
(3) protected, inter-alia, by imposing certain conditions. Pursuant thereto, these matters have been listed today.
3.
Mr Naik, learned APP, on instructions, would submit that the Applicants in all these Anticipatory Bail Applications have cooperated with the investigation by abiding to the terms and conditions imposed by this Court in the above referred orders. It would mean that the Applicants have duly joined the investigation. There is no material against these Applicants on the parameters of prima facie case, produced by the prosecution. The Applicants undertake to continue to co-operate with the investigation.
4.
My attention is also drawn to the order dated 01 August 2025, passed in Anticipatory Bail Application Nos.770/2025 and 791/2025, where the Court has duly recorded that there was some compromise to be arrived at between co-accused and the informant. Ms. Pandit, learned Advocate holding for Advocate Mr Mewara for the informant would not deny this factual position. In fact, Criminal Applications for Intervention are filed in Anticipatory Bail Application No.770/2025 and in the companion matter. In paragraph No.7 of Criminal Application No.1659/2025, the informant has clearly stated that the parties have decided to settle the dispute by filing a
(4) compromise petition before this Court, seeking quashing of the FIR. Therefore, the informant would pray that Anticipatory Bail be granted to Respondent No.3 i.e. one of the co-accused persons. Thus, it does appear that the Informant has decided to enter into a compromise with accused Nos.3 and 4 i.e. Rajendra Namdeo Dhokane and Akash Rajendra Dhokane, respectively. In such view of the matter, custodial interrogation of the Applicants will not be necessary. 5.
Considering all of the above, the Interim Order passed by this Court on 16 June 2025 in Anticipatory Bail Application Nos.762/2025 and 770/2025, and the Interim Order dated 08 May 2025 passed in Anticipatory Bail Application No.791/2025 deserve to be confirmed by passing following order :-
ORDER
(i) In the event of arrest of the Applicants in Anticipatory Bail Application Nos.762/2025, 770/2025 and 791/2025 in connection with C.R. No. 0428/2025 registered with Rahuri Police Station, Dist. Ahilyanagar for the offences punishable under Sections 115(2), 118(1), 119(1), 189(1), 189(2), 190, 191(2), 191(3), 351(2) and 352 of the Bhartiya Nyay Sanhita, 2023, the Applicants are directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) each with one solvent surety in the like amount.
(5) (ii) The Applicants shall attend the concerned Police Station as and when required until filing of charge-sheet. They are further directed to co-operate in the investigation.
(iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned Police Station. If there is any change in the contact details, the same shall be immediately informed to the concerned Police Station. (iv) The Applicants shall not leave the jurisdiction of the Court without prior permission of the Court, until filing of charge-sheet.
(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.
6.
Anticipatory Bail Application Nos. 762/2025, 770/2025 and 791/2025 are Allowed in the above terms.
7.
Needless to mention that the observations made in this order are prima facie for adjudication of these Anticipatory Bail Applications.
8.
Considering the above, Criminal Application No.1634/2025 in Anticipatory Bail Application No.791/2025 and Criminal Application No.1659/2025 in Anticipatory Bail Application No.770/2025, filed for Intervention, are hereby Disposed of. [ADVAIT M. SETHNA, J.] sjk