Amol Dattatray Lakhe v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3347 OF 2025 Amol Dattatray Lakhe ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. S. B. Talekar a/w. Ms. Madhavi Ayyappan, Mr. Yogesh V. Morey and Mr. Aditya Madane i/b. Talekar & Asosciates, for the Applicant.

Mr. A. R. Metkari, APP, for the Respondent-State. Mr. Sunil Jagdale, PSI, attached to Warje Malwadi Police Station, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

4th DECEMBER 2025 PC:- 1.

Heard Mr. Talekar, learned Counsel appearing for the Applicant and Mr. Metkari, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.417 of 2025 registered with Warje Malwadi Police Station, Pune City, Pune, for the offences punishable under Sections 189(1), 189(2), 190, 308(4), 126(2), 351(1), 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 6th November 2025 passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.7267 of 2025. The said paragraph No.2 reads as under:

"2] The prosecution's case, in brief, is as follows: The complainant, Neha, along with her partners, runs a business providing food and transportation services for the students of Millennium National School and Walnut School, at Pune. In February 2024, one Bapu Kadam, who was working as a sports teacher at Millennium National School, approached the complainant's partnership firm and suggested that the complainant and her partners purchase milk and paneer from him. The complainant had heard that Bapu Kadam was associated with criminal elements, but considering his respectable employment as a teacher, they decided to proceed. Accordingly, in March 2024, the complainant's firm transferred 22,02,880/- to Bapu Kadam's account through ₹ NEFT for the said order. However, Bapu Kadam failed to supply the goods.

When repeatedly asked about it, he kept giving evasive replies. Therefore, the complainant continued procuring milk and other products from their regular supplier. In January 2025, Bapu Kadam again met the complainant and informed her that he works for goon Nilesh Gaywal, whose brother Sachin Gaywal is also a teacher at the same school. He threatened the complainant, saying that if she wished to continue her business, she would have to keep paying money under the pretext of purchasing milk for the school canteen. Around that time, Sachin Gaywal (sports teacher at the school), goon Nilesh Gaywal, Pappu Dalvi, and Abhi Korde arrived there in a four-wheeler.

members of Nilesh Gaywal's gang. They told the complainant that unless she paid the agreed amount, she would not be allowed to carry on her business. Sachin Gaywal threatened the complainant of killing and asked her to transfer the amount in the bank account of Bapu Kadam. Out of fear, the complainant transferred 22,33,643 to Bapu ₹ Kadam's bank account. However, after regaining courage, the complainant lodged the present complaint."

4.

It is the submission of Mr. Talekar, learned Counsel appearing for the Applicant that the only role attributed to the present Applicant is that he was present when the incident took place. There is no specific or overt role assigned to the Applicant. The FIR is vague with no material particular of the date and time of the alleged incident. He submits that the Applicant is resident of Lakhangaon, Taluka- Washi, District-Dharashiv and the Applicant has never visited Pune between January 2025 to May 2025 therefore, the false FIR has been lodged against the Applicant. He submits that there is one antecedent against the Applicant.

5.

On the other hand, Mr. Metkari, learned APP appearing for the Respondent-State submits that the Applicant is specifically named in the FIR and he was present when the incident in question took place. He submits that the Applicant is part of "Nilesh Ghaiwal Gang" which is operating in Pune against whom two offences are registered.

6.

Mr. Talekar, learned Counsel appearing for the Applicant submits that the Applicant is resident of Lakhangaon, TalukaWashi, District-Dharashiv and that the Applicant will not enter District-Pune, except as and when called by the Investigating Officer and to attend the trial.

7.

Perusal of the record shows that the only role attributed to the present Applicant is that he was present when the incident in question took place. The Applicant is resident of Lakhangaon, Taluka- Washi, District-Dharashiv. As Mr. Talekar, learned Counsel submitted that the Applicant will not enter District-Pune and will cooperate with the investigation, the case is made out for grant of Anticipatory Bail by imposing stringent conditions. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Amol Dattatray Lakhe in connection with C.R. No.417 of 2025 registered with the Warje Malwadi Police Station, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall not enter the Pune district, except

for reporting to the Investigating Officer, if called, and for attending the trial.

(c) The Applicant shall attend the Warje Malwadi Police Station, Pune, on 10th December 2025, 11th December 2025 and 12th December 2025 between 11:00 a.m. to 01:00 p.m. and shall co-operate with the investigation. (d) The Applicant shall attend the Washi Police Station, District- Dharashiv, on every Monday between 11:00 a.m. to 01:00 p.m. till conclusion of trial and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station as and when called. The Police Inspector of Washi Police Station, Taluka - Washi, District - Dharashiv to communicate details thereof to the Investigating Officer.

(e) 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. (f) 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.

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

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

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.12.08 15:02:24 +0530 SONALI MILIND PATIL