Pravin Pralhad Andhale v. The State Of Maharashtra And Another
2025:BHC-AUG:34591 1 919.ABA-1671 & 1672-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1671 OF 2025 PRAVIN PRALHAD ANDHALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER AND ANTICIPATORY BAIL APPLICATION NO. 1672 OF 2025 JANABAI PRALHAD ANDHALE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicants : Mr. Shekade Shashikant E APP for Respondents/State : Mr. R.K. Ingole ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 9th DECEMBER 2025 PER COURT :
1.
Heard the learned Counsel for the Applicants and the learned APP for the State.
2.
The Applicants have approached this Court, seeking anticipatory bail in connection with Crime No.597/2025 registered with Shevgaon Police Station, District Ahilyanagar for the offences punishable under Sections 64, 127(2), 87, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
It is the case of the prosecution is that complainant is the victim 'S', aged about 19 years. On 02.06.2025 at about 06:00 pm.,
2 919.ABA-1671 & 1672-2025.doc while she was alone at home, Janabai Andhale came to her house and asked victim to accompany her to her field. On the way, victim was forcibly put into a black colored Ertiga Car bearing No.MH-43CC-7812 by accused Annasaheb, Pravin and one unknown driver. Janabai got out of the car later. Accused Annasaheb threatened the victim with acid if she did not stay quite. They drove her to Alandi, Pune, to the house of Sunita Andhale. Accused Annasaheb locked the victim in a room with him and forcibly had sexual intercourse with her. The victim found a mobile phone in the room and then she called the police on 112. Thereafter police arrived there and took Accused Annasaheb and others to the police station. After inquiry, the police handed over the victim to her father 'S' and uncle 'K'.
The victim was scared and hence, did not tell her father about the incident at that time. But, later on 07.07.2025, the victim told her father about the incident. Thereafter, victim lodged police complaint against the accused and other co-accused. On the basis of complaint given by the victim, FIR was registered against the accused and other co-accused under the aforesaid sections.
4.
It is the submission of learned Counsel for the Applicants Mr. Shekade that the victim complainant and the accused Annasaheb were in a consensual love relationship and therefore, they had eloped for the purpose of marriage. Sunita made a phone call to the police authorities upon finding the girl with Annasaheb at the spot, and contacted the police on the emergency number 112. Consequently, the police rescued the girl from the company of Annasaheb at Alandi.
3 919.ABA-1671 & 1672-2025.doc It is submitted that the girl did not lodge an immediate complaint, and the FIR came to be registered 35 days after the incident. Thus, the allegations against the Applicant - Janabai, the mother of Annasaheb and Pravin, the brother of Annasaheb, appear to have been deliberately extended to implicate all family members of Annasaheb in the present crime. It is further submitted that although Applicant Pravin was present at the time of the raid as alleged in the FIR, neither he nor any other family members were arrested by the police.
.
It his further submission that the main accused Annasaheb was already arrested on 27.07.2025 and was released on regular bail by the learned Sessions Judge, Ahmednagar. The copy of the order releasing the co-accused Annasaheb @ Tanaji Pralhad Andhale vide order dated 04.11.2025 is tendered at the bar and marked as X for identification. It his further submission that perusal of the evidence of Kantabai Dhakne would also lend credence to his contention that it was the member of the applicants' family who rescued the girl found in the company of Annasaheb in the intervening night between 02.06.2025 and 03.06.2025, with the assistance of police. He therefore submits that both the Applicants have been deliberately roped in. Moreover they have no criminal antecedents and they are ready to cooperate with the investigation and they are ready to abide by any conditions that may be imposed by this Court, while releasing on anticipatory bail.
4 919.ABA-1671 & 1672-2025.doc 5.
As against this, the learned APP Mrs. Bharad vehemently opposes the present application on the ground that the offence is serious in nature wherein the Applicant/Janabai is alleged to have played an important role in kidnapping of the victim girl who was later on found to be with the son of the Applicant/Janabai i.e. Annasaheb. The Applicant/Pravin is alleged to have played an important role in wrongfully confining the victim girl and making her stay with Annasaheb in a closed room where he committed forcible sexual intercourse. She therefore submits that this is not a case where the Applicants should be released on anticipatory bail. 6.
I have gone through the charge-sheet annexed to both the applications and also gone through the investigation papers made available by the learned APP. The perusal of the charge-sheet would contains the statement of Kantabai Dhakne which would reveal that it is the daughter of Kantabai i.e. Sunita who had made the phone call to the police after seeing Annasaheb in company of the victim girl in the intervening night between 2.06.2025 and 03.06.2025 at Alandi. It is therefore that the said statement of Kantabai is a part of the charge-sheet and is relevant in the investigation papers. There is inordinate delay in lodging of the FIR by the victim girl of about 36 days. The FIR itself shows the presence of accused Pravin at the time of conducting raid, however the girl did not file complaint to police nor applicant Pravin was arrested, thus the false implication of both the Applicants cannot be ruled out at this stage. However these observations are made only with a purpose of deciding the
5 919.ABA-1671 & 1672-2025.doc applications and the same may not influence the trial Court. The complainant girl is major and understands the consequences of her conduct. The main accused Annasaheb is already released on regular bail vide order dated 04.11.2025 passed by the learned Sessions Judge, Ahmednagar in Cri. MA Bail No. 1681/2025. Nothing remains to be recovered at the instance of both the Applicants. As both the Applicants are ready to cooperate with the investigation, I am inclined to grant pre-arrest bail to both the Applicants. Hence the following order :
ORDER
(i) In the event of arrest of the Applicants - Janabai Pralhad Andhale and Pravin Pralhad Andhale in connection with Crime No.597/2025 registered with Shevgaon Police Station, District Ahilyanagar for the offences punishable under Sections 64, 127(2), 87, 3(5) of the Bharatiya Nyaya Sanhita, 2023, they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties in the like amount, on the following conditions :
(a) The Applicants shall attend the concerned police station as and when called by the Investigating Officer till the filing of the chargesheet. (b) The Applicants shall attend each and every trial. (c) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses.
6 919.ABA-1671 & 1672-2025.doc (d) The Applicants shall submit their Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives.
(e) A single default of threatening the complainant and violation of the conditions would entitle the prosecution to seek cancellation of the bail.
(ii) Both the applications are allowed in the above terms and stands disposed of.
MEHROZ K. PATHAN JUDGE NAJEEB..