Kaustubh Prashant Deshmukh v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2281 OF 2025 Kiran Manohar Gaikwad ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO.1728 OF 2025 Gourav Rajaram Dorage ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO.1772 OF 2025 Kaustubh Prashant Deshmukh ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
WITH ANTICIPATORY BAIL APPLICATION NO.2282 OF 2025 Omkar Gokul Gaikwad ...Applicant
Versus
The State of Maharashtra & Anr.
...Respondents
Mr. Prashant Hagare, for the Applicants in ABA/2281/2025 and ABA/2282/2025.
Mr. Sumit Patil, for the Applicant in ABA/1772/2025. Mr. Tapan Thatte (through Video Conferencing) i/b. Mr. Pritam Bhutede, for the Applicant in ABA/1728/2025.
Mr. A. R. Metkari, APP, for the Respondent-State. Mr. C. D. Mali, APP, for the Respondent-State. Mr. Ganesh Bhujbal, for the Respondent No.2.
Mr. Sagar Malhari Mane, PSI, attached to Yavat Police Station, Pune Rural, Pune, present.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
16th OCTOBER 2025 PC:- 1.
Heard the learned Counsel appearing for the Applicants and learned APP appearing for the Respondent-State. 2.
All these applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in connection with C.R. No.490 of 2025 registered with Yavat Police Station, Pune Rural, Pune, for the offences punishable under Sections 189(2), 191(2), 191(3), 190, 74, 75, 118(1), 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.
3.
The relevant details of these Anticipatory Bail Applications are as under:
Anticipatory Bail Application Applicant Accused Interim Order
Number No.
Dated Anticipatory Bail Application No.1728 of 2025 Gourav Rajaram Dorage 28/07/2025 Anticipatory Bail Application No.1772 of 2025 Kaustubh Prashant Deshmukh 01/07/2025 Anticipatory Bail Application No.2281 of 2025 Kiran Manohar Gaikwad - Anticipatory Bail Application No. 2282 of 2025 Omkar Gokul Gaikwad - 4.
Learned Counsel appearing for the Applicants submit that the incident in question took place on 19th February 2025 where the First Informant and others have assaulted the injured and accordingly, on 20th February 2025, the offence is registered being FIR No.173 of 2025. Learned Counsel submits that as a counterblasts, the present FIR being FIR No.490 of 2025 has been registered after about four months i.e. on 1st June 2025 regarding the same incident by making false allegations against the present Applicants and therefore, the Applicants are entitled for pre-arrest bail.
5.
Learned Counsel appearing for the Applicants states that in two Anticipatory Bail Applications, protection has already been granted by a learned Single Judge by order dated 1st July 2025 and 28th July 2025 and the same is continued from time to time.
Learned Counsel submit that other two Applications have been tagged along with those Applications.
6.
Mr. Mali, learned APP appearing for the Respondent-State and Mr. Bhujbal, learned Counsel appearing for the First Informant strongly oppose the Anticipatory Bail Applications. Both of them submit that the offence is very serious and therefore, no protection be granted.
7.
Perusal of the record shows that on 20th February 2025 C.R. No.173 of 2025 has been lodged under Sections 110, 115(2), 118(1), 119(1), 189(2), 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023. In the said crime, about 15 accused are involved. In the said crime all the accused have been arrested and most of the accused have been released on regular bail and one of the accused has been released on anticipatory bail. 8.
Perusal of the record further shows that with respect to the same incident dated 19th February 2025 cross FIR which is the subject matter of all these Anticipatory Bail Applications has filed on 1st June 2025. Thus, prima facie, there is delay of about 4
months. In any case, now the chargesheet is filed. As far as two Applicants are concerned, interim protection has already been granted.
9.
Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:
O R D E R
(a) In the event of arrest of the Applicant- Kiran Manohar Gaikwad (Anticipatory Bail Application No.2281 of 2025), Applicant-Gourav Rajaram Dorage (Anticipatory Bail Application No.1728 of 2025), Applicant-Kaustubh Prashant Deshmukh (Anticipatory Bail Application No.1772 of 2025) and ApplicantOmkar Gokul Gaikwad (Anticipatory Bail Application No.2282 of 2025) in connection with C.R. No.490 of 2025 registered with the Yavat Police Station, Pune Rural, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.
(b) The Applicants shall attend the Yavat Police Station, Pune Rural, Pune, as and when called by the Investigating Officer.
(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.
10.
The Anticipatory Bail Application are disposed of accordingly.
[MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:
2025.10.18 17:43:39 +0530 SONALI MILIND PATIL