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Bombay High CourtABA/1257/2025application allowed

Pravin Rajebhau Gavate v. The State Of Maharashtra

2026-04-06Hon'Ble Shri Justice Mehroz K. Pathan7 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 18 ANTICIPATORY BAIL APPLICATION NO. 1322 OF 2025 Rameshwar s/o Dagadu Aavale Age; 26 years, Occ; Agril, R/o; Govindpur, Tq. Majalgaon, District Beed.

...APPLICANT

VERSUS

The State of Maharashtra, Through Police Inspector, Police Station Majalgaon Rural, Tq. Majalgaon, Dist. Beed.

...RESPONDENT.

WITH ANTICIPATORY BAIL APPLICATION NO. 1257 OF 2025 Pravin s/o Rajebhau Gavate, Age; 26 years, Occ; Agri & Business, R/o; Govindpur, Tq. Majalgaon, Dist. Beed.

...APPLICANT

VERSUS

The State of Maharashtra, Through Police Inspector, Police Station Majalgaon Rural, Tq. Majalgaon, Dist. Beed.

...RESPONDENT.

...

Advocate for Applicant : Mr. Kawade Shrikant G. APP for Respondents/State : Mr. A.S. Shinde Advocate for the Respondent No. 1/informant : Mr.Prasad D Wakhare h/f Mr. Sarvesh J. Naik ...

WITH CRIMINAL APPLICATION NO. 3490 OF 2025 IN ABA/1257/2025 WITH CRIMINAL APPLICATION NO. 1025 OF 2026 IN ABA/1322/2025 CORAM : MEHROZ K. PATHAN, J.

DATE : 06.04.2026.

PER COURT :

1.

Heard Mr. Kawade, the learned counsel appearing for both the applicants.

2.

The applicants are seeking anticipatory bail in Crime No. 228 of 2025 registered with Majalgaon (Rural) Police Station, District Beed for the offence punishable under Sections 109, 118-1, 351-2, 351-3, 126-2, 324-4 r/w 3 (5) of the Bhiartiya Nyaya Sanhita, 2023. The said crime was registered on 20.06.2025.

3.

As per the informant, on 19.06.2025, at about 6.00 p.m., he alongwith his wife and daughter-in-law were returning home, at that time, the accused persons started pelting stones, bricks towards his home and they were asking his son Ram to come out of the house. When the informant asked them what has happened and

Ram is not at home, they starting assaulting him. When his wife came to his rescue, the accused Ram alleged to have abused her by referring to her caste and also assaulted her with an iron rod on her head. Due to the said assault on head, his wife fell down. When his daughter in law Sudarshana tried to rescue his wife, at that time, accused Bhagyatrabai Gavate assaulted her with the help of the gas pipe. The accused persons alleged to have abused them in filthy language with reference to their caste. The accused also alleged to have assaulted them with sticks. Accused No. 1 Ram Kerba Gavate alleged to have threatened them saying that he is an Advocate by profession and if case is registered against him, he would not allow them to stay in the village. The wife and daughter in law of the informant came to be referred to Majalgaon Hospital. In view of the serious injuries on the head of the wife of the informant, she was referred to the Government Hospital Beed. On the basis of above statement, the informant has registered the crime. 4.

The learned counsel Mr. Kawade appearing for the applicants submits that this Court vide its order dated 17.10.2025 was pleased to protect the applicants and granted ad-interim-bail on certain conditions.

5.

The Applicants have attended the police station and also

co-operated with the investigation and with the intervention of the villagers the matter is amicably resolved between the applicants and the complainant. There is counter FIR also filed at the behast of the complainant Dagadu, who is the father of the applicant Rameshwar, wherein, the present complainant Ram Gawate is also an accused. In the said offence under the Atrocities Act, all the accused persons are already released on anticipatory bail, vide order dated 15.10.2025 passed in Criminal Appeal Nos. 507 of 2025 and 527 of 2025. A counter FIR No. 227 of 2025 registered with the Majalgaon (Rural) Police Station.

6.

The matter is amicably settled and the injuries sustained by the complainant are simple in nature. The applicants have attended policed station and co-operated with the investigation as per the interim order dated 17.10.2025. The investigation is almost completed and therefore, the custodial interrogation of the applicants is not necessary. The applicants are not having any criminal antecedents and are ready to abide all further conditions that may be imposed by this Court and prays that the applicants be protected. 7.

The learned APP strongly opposed the present applications on the ground that there are allegations of causing injuries by dangerous weapon and attempt to commit murder. The

offence is punishable with the imprisonment for life and even the applicants have resolved the issue amicably as of now, however, there is every likelihood that if the applicants are released on bail, he may commit any other crime and cause the law and order problem in the vicinity, hence the applicants may not be released on bail. 8.

I have perused the investigation papers made available by the learned APP. On perusal of the said papers, it shows that the complainant Rameshwar has received simple injuries. The investigation papers show that in other crime bearing No. 227 of 2025 all other co-accused are released on anticipatory bail in the appeal under Section 14A filed before this Court, wherein, the compromise has been entered into between the parties, was also recorded by this Court while granting the anticipatory bail on 17.10.2025. There are no allegations of violation of any conditions imposed by this Court. The apprehensions of the learned APP can be taken care by imposing certain appropriate conditions on the applicants. I have gone through the investigation papers made available by the learned APP. Hence, I am inclined to extent the discretion of this Court vested under Section 482 of the BNS to protect the applicants, hence the following order :

ORDER

(i) Both the Applications Anticipatory Bail

Application No. 1322 of 2025 and Anticipatory Bail Application No. 1257 of 2025 are allowed.

(ii) The interim order dated 17.10.2025 passed by this Court is hereby confirmed.

(iii) The applicants Rameshwar s/o Dagadu Aavale and Pravin s/o Rajebhau Gavate, shall attend the police station on 15th, 16th, 22nd and 23rd of April, 2026 in between 11:00 a.m. to 01:00 p.m. and thereafter as and when called by the Investigating officer, till filing of the charge sheet and shall co-operate with the investigation.

(iv) The Applicants shall not to tamper with the evidence and shall not threaten the complainant or the prosecution witnesses.

(v) The Applicants shall submit their Adhar Cards and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives.

(vi) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the Applicants on that ground.

(vii) With the aforesaid directions, the applications are disposed of.

9.

Pending Criminal Application No. 3490 of 2025 in

Criminal Anticipatory Bail Application No. 1257 of 2025 and Criminal Application No. 1025 of 2026 in Criminal Anticipatory Bail Application No. 1322 of 2025 are disposed of accordingly. ( MEHROZ K. PATHAN, J. ) mahajansb/