← Library
Bombay High CourtABA/3614/2025disposed off

Vinod Subhashchandra Kucheriya v. The State Of Maharashtra

2026-01-02Hon'Ble Shri Justice Madhav J. Jamdar4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3614 OF 2025 Vinod Subhashchandra Kucheriya Aged about 52 years, Occ. Business R/at. Khan Saheb Bunglow, Nearby College Bus Stop, Gilankar Nagar, Malegaon, Dist. Nashik ... Applicant

Versus

The State of Maharashtra (At the instance of Ambad Police Station, Nashik) ... Respondent -------------------- Mr. Akshay Bankapur for the Applicant.

Mr. Ashok Gavai, A.P.P. for the Respondent-State. -------------------- CORAM : SANDESH D. PATIL, J.

DATE : 2nd JANUARY 2026.

(VACATION COURT) P.C.:

1.

Heard Mr. Akshay Bankapur, learned Counsel appearing for the 1/4

Applicant and Mr. Ashok Gavai, learned A.P.P. for the RespondentState. 2.

Mr. Bankapur, learned Counsel for the Applicant, seeks leave to add the First Informant as party Respondent. Leave Granted. Amendment be carried out within a period of one week from today. 3.

The offence is registered under the provisions of Sections 64, 316, 352, 351(2) a/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. The incident which is alleged was committed for the first time on 14th August 2021. It appears that there was consensual relationship between the parties. Mr. Bankapur, learned Counsel appearing for the Applicant points out that the Complainant has filed a pursis before the Sessions Court, signifying her no objection for granting anticipatory bail. Mr. Ashok Gavai, learned A.P.P. for the Respondent-State seeks time to take instructions.

4.

In my opinion, taking into consideration the long duration, 2/4

within which the consensual act was committed, further, taking into consideration the fact that both the parties are an adults, aged 52 and 36 years, respectively. This is a fit case to grant interim protection to the Application. Hence, the following order.

ORDER

i.

In event of arrest of the Applicant in connection with offence under Sections 64, 316, 352, 351(2) a/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, registered vide F.I.R. No.0896 of 2025 dated 5th December 2025, with the Ambad Police Station, Dist. Nasik, the Applicant be released on executing PR bond of Rs.25,000/- with one or more sureties of the like amount.

ii.

The Applicant shall attend the Ambad Police Station, Dist. Nasik, on 07/01/2026, 08/01/2026 and 09/01/2026 from 10:00 a.m. to 2:00 p.m. and thereafter as and when called for by the I.O.

3/4

iii.

The Applicant shall not tamper with the evidence in any manner.

5.

To enable to learned A.P.P. to take instructions, list the matter on 20th January, 2026 for further consideration. (SANDESH D. PATIL, J.) 4/4 RAJESH VASANT CHITTEWAN Date: 2026.01.03 12:22:55 +0530 RAJESH VASANT CHITTEWAN