← Library
Bombay High CourtABA/2432/2025disposed off

Shirish Shankar Gavhane v. The State Of Maharashtra

2025-11-13Hon'Ble Shri Justice Madhav J. Jamdar5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2432 OF 2025 Shirish Shankar Gavhane ...Applicant

Versus

The State of Maharashtra

...Respondent

None for the Applicant Mr. A.R. Metkari, APP, for the Respondent-State. Mr. Suhas H. Khade, PSI, attached to Bhosari Police Station, Pimpri Chinchwad, and (I.O.) PI, Gharge, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

13th NOVEMBER 2025 PC:- 1.

None appears for the Applicant.

2.

Mr. Metkari, learned APP appears for the Respondent-State. 3.

As the Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") seeking Anticipatory Bail, although none appears for the Applicant, with the assistance of Mr. Metkari, learned APP perused the papers.

4.

The Applicant is seeking pre-arrest bail in connection with C.R. No.247 of 2025 registered on 01st July 2025 with Bhosari Police Station, District Pimpri Chinchwad for the offences punishable under Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman Practices and Black Magic Act, 2013 ("the Act") and under Section 351(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

5.

The prosecution case is set out in Paragraph No.2 of order dated 20th August 2025 passed by learned Additional Sessions Judge, Pune in Criminal Bail Application No.4721 of 2025. The said Paragraph No.2 reads as under :- "2] The case of the prosecution in short is that, the complainant lives with her daughter Gauri and sustains livelihood from rented shops. For several days, she noticed pierced dolls, lemons, chicken feet, charcoal, turmeric, kumkum etc. placed in her parking area and at her house gate, creating fear. Similar items were also found near the house and car of her sister, Draupadi Mule, leading them to install CCTV cameras. On 25/06/2025 at about 8:00 a.m., the complainant again found a pierced doll, lemon, and chicken leg near her house. Draupadi also found the same items near her own house and car. CCTV footage of the complainant's house and a nearby shop showed an unknown person on a silver Activa (MH12PD9194) at 12:36 a.m., throwing such items at the complainant's house gate. On inquiry, it was revealed that the said

Activa is used by the complainant's nephew, Shirish Shankar Gavane, and the vehicle was found parked at his house. With these allegations, the FIR came to be lodged."

6.

Mr. Metkari, learned APP states that the investigation is almost completed and chargesheet will be filed shortly. 7.

This Court has already granted interim protection by order dated 8th September 2025. Accordingly, the case is made out for grant of Anticipatory Bail.

8.

In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant- Shirish Shankar Gavhane in connection with C.R. No.247 of 2025 registered on 01st July 2025 with Bhosari Police Station, District Pimpri Chinchwad, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station on every Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called.

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant 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 Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

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

9.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]