Ganesh Vitthal Walke And Another v. The State Of Maharashtra And Another

1 910.ABA-229-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 229 OF 2026

1. GANESH VITTHAL WALKE

2. SATISH VITTHAL WALKE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Tambe Rahul A APP for Respondents/State : Mrs. P. J. Bharad Advocate for Complainant/Informant : Mr. Ramesh N. Dhakane ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 12th FEBRUARY 2026 PER COURT :

1.

Heard.

2.

Issue notice to the Respondents, returnable on 16.03.2026. Learned APP waives service of notice for Respondents/State. 3.

The learned Counsel, Mr. Dhakane, submits that he has instructions to appear for the complainant and that he is filing an application to assist the prosecution.

4.

The learned Counsel for the Applicants submits that Applicant No.2/Satish was granted interim protection by the Sessions Court vide order dated 09.01.2026 while deciding the bail

2 910.ABA-229-2026.doc applications of both the Applicants. The other co-accused persons have already been protected by the learned Sessions Court by grant of anticipatory bail. It is further submitted that the wife of Applicant No.1/Ganesh, namely Shivani, had already lodged an FIR in respect of the same incident on 05.01.2026, registered as FIR No.13/2026, which was deliberately registered under Section 324 of the IPC, even though she had sustained a fracture injury, as demonstrated from the medical treatment papers. The Applicants are not history-sheeters and have been implicated only to wreak vengeance against the family members of the present Applicants over certain disputes pertaining to construction of a house. The Applicants are ready to abide by any conditions that may be imposed by this Court. Hence, it is prayed that the Applicants may be protected.

5.

Thus, taking into consideration the aforesaid submissions, I am inclined to protect the Applicant until the investigation papers are received, however, subject to certain conditions. Hence the following order :

ORDER

(a) In the event of arrest of the Applicants - Ganesh Vitthal Walke and Satish Vitthal Walke in connection with Crime No.14/2026 registered with Shrigonda Police Station, District Ahilyanagar for the offences punishable under Sections 118(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023, they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) each with two solvent sureties in the like amount,

3 910.ABA-229-2026.doc on the following conditions :

(b) The Applicants are directed to attend Shrigonda Police Station, District Ahilyanagar on 18th, 20th, 25th and 26th of February, 2026 and on 4th and 5th March of 2026 between 11:00 am. to 01:00 pm. and co-operate with the Investigating Officer.

(c) The Applicants shall not tamper with the evidence and shall appear before the Investigating Officer as and when required, apart from the days already mentioned above.

(d) The Applicants shall not enter the village "Makharewadi" Taluka Shrigonda, Ahilyanagar until further orders. (e) The attendance of the Applicants shall be treated as deemed custody for the purposes of Section 23 of the BSA. (f) A single violation of the conditions imposed, or any act of threatening the complainant, shall entitle the prosecution to seek vacation of the interim order.

(g) The Investigating Officer shall make the investigation papers available for perusal of this Court.

6.

Stand over to 16.03.2026.

MEHROZ K. PATHAN JUDGE NAJEEB..