Milind Mahadev Nadgeri And ANR. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2101 OF 2025 Milind Mahadev Nadgeri & Anr.

...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Durgesh Vaish, for the Applicants.

Mr. S. A. Karmakar, APP, for the Respondent-State. Ms Mrunmai Kulkarni a/w Amarnath Habib for the Respondent No.2.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

09th DECEMBER 2025 PC:- 1.

Heard Mr. Vaish, learned Counsel appearing for the Applicants, Ms. Kulkarni, learned Counsel for the Respondent No.2 and Mr. Karmakar, learned APP appearing for the RespondentState. 2.

By this applications filed under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 ("BNSS") the Applicants are seeking pre-arrest bail in connection with C.R. No.25 of 2025 registered on 13th February 2025 with Talegaon Police Station, Pimpri Chinchwad for the offences punishable under Sections 352,

351(2), 115(2), 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The Applicant Nos.1 and 2 i.e. Accused Nos.1 and 2 are brothers and the Applicant No.3 i.e. Accused No.6 is wife of the Applicant No.2.

4.

As per the prosecution case all Accused who are in-laws and relatives of the Applicant No.1 i.e. husband of First Informant were harrasing her and frequently demanding money and she was assaulted. On 19th October 2023 a domestic quarrel arose at the matrimonial home and the First Informant was forcefully evicted from the residence by her husband and retained the custody of the Accused minor children. Thereafter, there was settlement between the parties, however, inspite of settlement the physical assault and harassment continued and therafter, the First Informant alongwith children came at Talegaon to stay at her maternal home. On 18th January 2025 the Applicant No.1 i.e. husband of the First Informant visited her brother's residence and while the First Informant was preparing tea, husband left Mumbai with the children.

5.

It is the submission of Mr. Vaish, learned Counsel appearing for the Applicants that the Applicants have cooperated with the investigation and therefore, Anticipatory Bail Application be granted.

6.

On the other hand, Mr. Karmakar, learned APP and Ms. Kulkarni, learned Counsel appointed to represent the interest of the Respondent No.2, strongly oppose granting the Anticipatory Bail. Both of them submitted that the offence is very serious and therefore, custodial interrogation is necessary. 7.

Before considering whether the Applicants are entitled for Anticipatory Bail, it is required to be noted that as the dispute is matrimonial. Ms. G. P. Mulekar, learned Counsel was appointed as Mediator. The learned Mediator has submitted a report dated 08th December 2025 stating that she held three meetings with both the parties, however, the mediation efforts have failed. 8.

Perusal of the record shows that by order dated 10th October 2025 this Court has granted interim protection which continues till

date. There is nothing on record to show that the said protection has been misused.

9.

The Applicant No.1 - Milind Mahadev Nadgeri is present in Court and he states that the children will be sent with the wife during the period of 25th December 2025 to 28th December 2025 for Christams Vacation. A writing executed by the Applicant No.1 is taken on record and mark as "X-1" for identification. 10.

Mr. Vaish, learned Counsel appearing for the Applicants has submitted that Applicants will cooperate with the investigation. As the Applicants have undertaken to co-operate with the investigation and as there are no other antecedents, the case is made out for grant of Anticipatory Bail.

11.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1- Milind Mahadev Nadgeri, Applicant No.2- Gautam Mahadev Nadgeri and Applicant No.3- Lata Gautam Nadgeri in connection with C.R. No. 25 of 2025 registered with Talegaon Police Station, Pimpri Chinchwad the

Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.30,000/- each with one or two solvent sureties in the like amount. (b) The Applicants shall attend the concerned Police Station as and when called.

(c) The Applicants shall furnish their cell phone numbers and residential addresses 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.

(f) The Applicants shall not leave India without prior permission of the Court.

12.

The Anticipatory Bail Application is disposed of accordingly. 13.

This Court places on record the appreciation of the assistance rendered by Ms. Mrunmai Kulkarni, learned Counsel appointed to represent the interest of the Respondent No.2. The High Court Legal Service Authority, Mumbai is requested to pay her professional charges as per Rules.

14.

This Court also places on record the appreciation of the efforts taken by Ms. G. P. Mulekar, learned Counsel to mediate the dispute between the parties.

[MADHAV J. JAMDAR, J.]