Nikita Vishwajeet Jadhav v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2258 OF 2023 Abhijitsinh Vinayakrao Jadhav ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH INTERIM APPLICATION NO.1511 OF 2024 Nikita Vishwajeet Jadhav ...Applicant
Versus
The State of Maharashtra
...Respondent
WITH CRIMINAL APPLICATION NO.267 OF 2023 Nikita Vishwajeet Jadhav ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Yogesh A. Sukale i/b. Mr. Aadesh Konde Deshmukh, for the Applicant.
Mr. S. A. Karmakar,APP, for the Respondent-State. Mr. Saurabh Butala i/b. Mr. Harshad Sathe, for the Intervenor in ABA/2258/2023 and for the Applicant in Interim Application No.1511/2024 and Criminal Application No.367 of 2023. Mr. Pramod Somanath Shinde, PSI, attached to Shivaji Nagar Police Station, Pune City, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
18th SEPTEMBER 2025 PC:-
1.
Heard Mr. Sukale, learned Counsel appearing for the Applicants, Mr. Karmakar, learned APP appearing for the Respondent-State and Mr. Butala, learned Counsel appearing for the Intervenor in Anticipatory Bail Application No.2258 of 2023. 2.
This application is filed under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail in connection with C.R. No.119 of 2023 registered with Shivaji Nagar Police Station, Pune, for the offences punishable under Sections 376, 377, 420, 419, 406, 498-A, 323, 506(2) read with Section 34 of the Indian Penal Code and under Sections 3 and 25 of the Arms Act, 1959.
3.
Perusal of the FIR shows that all the allegations are against the accused No.1-Vishwajeet Vinayakrao Jadhav, who has been granted pre-arrest bail by the learned Sessions Judge and the said order has been challenged by the original Complainant by filing Criminal Application No.267 of 2023, which is also listed today along with Anticipatory Bail Application No.2258 of 2023.
4.
As far as the present Applicant is concerned, a learned Single Judge has granted interim protection by order dated 10th August 2023, which is in operation till date.
5.
It appears that all the accused have filed Writ Petition No.2984 of 2024 seeking quashing of the FIR and by order dated 1st October 2024 passed by the Division Bench of this Court, it has been directed that the investigation of the crime to continue, however, chargesheet be not filed without leave of the Court. 6.
As noted herein above, perusal of the FIR shows that most of the allegations are made against the accused No.1-Vishwajeet Vinayakrao Jadhav. As far as the allegations as against the present Applicant is concerned, it is stated that he pressurized the First Informant for executing Power of Attorney.
7.
Admittedly, the said Power of Attorney is in favour of the Accused No.1-Vishwajeet Vinayakrao Jadhav. Thus, in the facts and circumstances, the case is made out for grant of pre-arrest bail in terms of the order dated 10th August 2023 passed by the learned Single Judge.
8.
Accordingly, the Anticipatory Bail Application is disposed of in terms of the order dated 10th August 2023 passed by the learned Single Judge.
9.
As the Anticipatory Bail Application is disposed of, nothing survives in the Interim Application No.1511 of 2024 and the same is also disposed of accordingly.
CRIMINAL APPLICATION NO.267 OF 2023:
1.
Issue notice to the Respondents, returnable on 16th October 2025.
2.
Learned APP waives service on behalf of the Respondent No.1-State.
[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.09.24 10:04:07 +0530 SONALI MILIND PATIL