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Bombay High CourtABA/1201/2025disposed off

Vaibhav Baliram Khandagale v. The State Of Maharashtra

2026-01-17Hon'Ble Shri Justice Mehroz K. Pathan5 pages

2026:BHC-AUG:2435

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 ANTICIPATORY BAIL APPLN NO.1201 OF 2025 VAIBHAV BALIRAM KHANDAGALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Swapnil S. Patunkar h/f. J.P.Legal Associates APP for Respondent-State : Mr.A.S.Shinde ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 17.01.2026 P.C. :

1] Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court seeking anticipatory bail in connection with Crime No.152/2025, registered at Shirur Police Station, Dist. Beed, for the offence punishable under Sections 119 (1), 189 (1) (c), 189 (1) (d), 190, 191 (1), 333, 351 (2), 351

(3) of the Bhartiya Nyaya Sanhita, 2023.

3] This Court, vide order dated 21st July, 2025, has protected the present applicant with condition that the applicant shall attend the concerned police station on every Monday at 11.30 a.m. and shall co-operate with the investigation.

4] The learned counsel for the applicant submits that the present applicant has lodged the FIR No.151/2025 against Uttareshwar i.e. husband of the complainant. Thereafter, the husband of the complainant has filed Criminal Appeal No. 550/2025, seeking anticipatory bail before this Court, under Section 14-A of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and this Court, vide order dated 23.09.2025, has granted anticipatory bail in favour of the husband of the complainant. He further submits that the present FIR is lodged by the complainant only to give counter to the FIR No.151/2025 lodged by the present applicant against the husband of the complainant and the applicant is falsely implicated in the alleged crime. The investigation is almost complete and nothing is remained to be recovered at the instance of the present applicant. That the applicant is not having any criminal antecedents and the applicant is ready to abide by any conditions that may be imposed by this Court. Hence, the applicant may be released on anticipatory bail.

5] As against this, the learned APP strongly opposes the present application on the ground that the allegations are serious in nature and the applicant is alleged to have committed criminal trespass and has snatched the amount of Rs.50,000/- from the cupboard of the complainant. Even though the applicant has attended the

concerned police station and has co-operated with the investigation, this is not fit case to grant anticipatory bail. 6] I have gone through investigation papers, as we as, the order dated 23.09.2025 passed by this Court in Criminal Appeal No.550 of 2025 wherein some of the accused in counter crime No. 151/2025 registered on 06.06.2025 with Shirur Police Station, District Beed, has been granted anticipatory bail by this Court. Perused the counter FIR lodged by the present applicant, which shows that there are serious allegations made by the applicant against the husband of the complainant, namely, Uttareshwar Babasaheb Gaat. The applicant has also annexed copy of the medical treatment papers undertaken by the applicant due to alleged assault. The medical papers issued by the Civil Hospital and discharge card show that the present applicant - Vaibhav Khandagale was admitted in the Hospital on 05.06.2025 and was discharged on 06.06.2025 with history of physical assault.

7] Thus, taking into consideration that the applicant was also assaulted on the same date i.e. on 04.06.2025 and the applicant has lodged FIR No.151/2025, the false implication of the present applicant cannot be ruled out at this stage. Hence the following order :

O R D E R

A) The Anticipatory Bail Application is allowed. B) The interim order dated 21st July, 2025 is hereby confirmed. The applicant is directed to attend the concerned police station on 22.01.2026, 23.01.2026, 27.01.2026 and 28.01.2026 and thereafter as and when called by the Investigation Officer till filing of the charge sheet.

C) The Applicant shall also cooperate with the investigation.

D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicant shall not enter the village Shirapur Gaat, Taluka Shirur Kasar, Dist. Beed till filing of the charge sheet.

8] Needless to say, violation of any of the aforesaid conditions shall entitle the prosecution to seek cancellation of the anticipatory bail.

9] The observations made herein above are prima facie in nature and shall not influence by the Trial Court or any other Court while deciding the case on its own merits. 10] The Anticipatory Bail Application is disposed of accordingly.

[MEHROZ K. PATHAN] JUDGE DDC