Prafulla Chokhaji Paikrao v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 960 ANTICIPATORY BAIL APPLICATION NO. 233 OF 2026 Prafulla s/o Chokhaji Paikrao, Age; 35 years, Occ. Agril, R/o; Dhanora, Tq. Kalamnuri, District; Hingoli.
...APPLICANT (Orig. Accused)
VERSUS
The State of Maharashtra, Through Police Station Officer, Ramtirth Police Station, Ramtirth, District; Nanded.
...RESPONDENT ...
Advocate for Applicant : Mr. Hanmant V. Patil APP for Respondents/State : Mr. P.D. Patil ...
CORAM : MEHROZ K. PATHAN, J.
DATE : 10.04.2026.
PER COURT :
1.
Heard the learned counsel for the respective parties. 2.
The applicant has approached this Court seeking anticipatory bail in connection with the Crime bearing No. 321 of 2025 registered with Ramtirth Police Station, District Nanded, for the offences punishable under Section 310 (4) of the Bhartiya Nyaya Sanhita and Section 4 r/w 35 of the Arms Act. 3.
The learned counsel for the applicant Mr. Hanumant Patil submits that the applicant is falsely implicated in the present crime
only on the basis of statement made by the co-accused and one photograph shown to the Complainant. The applicant was not even present at the time of incident, however, is deliberately roped in the present crime. The applicant is not having any criminal antecedents of bodily offences, however, there are offences under the provisions of Bombay Prohibition Act registered against the applicant, in which the applicant is already acquitted. The applicant is having deep roots in the society and is ready to abide by any conditions that may be imposed by this Court, hence the applicant may be released on anticipatory bail.
4.
The learned APP Mr. P.D. Patil, strongly opposed the present application on the ground that the applicant was found to be involved in the offences of preparation to commit dacoity alongwith other co-accused Kartarsingh and Bablusingh. The applicant is having two offences registered against him under Section 65 (d) of the Maharashtra Police Act i.e. bearing Crime No. 429 of 2020 and Crime No. 199 of 2023. The co-accused Hanumansingh is having bodily offences registered against him under Chapter XVI and XVII of the Indian Penal Code, whereas, the other co-accused Kartarsingh and Hanumansinghsingh are having nine bodily offences registered against them including attempt to commit murder. The applicant was found in the company of the arrested co-accused. The arrested coaccused have specifically named the present applicant as one of the
person accompanying them in the vehicle while the police had conducted the raid, therefore, the custodial interrogation of the applicant is necessary.
5.
I have gone through the investigation papers, those are made available by the learned APP. On perusal of the investigation papers, show that two co-accused namely Kartarsingh and Suryakant were already arrested on the spot on the date of the incident. The arrested co-accused revealed the name of the present applicant, therefore, the present applicant is arrayed as an accused only upon the statement made by the co-accused, which is having very less evidentiary value. However, taking into consideration the fact that the applicant is not having any criminal antecedents and the other coaccused arrested in the crime were already released by the orders of the learned appellate Court after being arrested and entire recovery appears to have been made either on the spot or from the possession of the arrested co-accused, hence, nothing remains to be recovered from the present applicant. The apprehensions of the learned APP can be taken care by imposing stringent conditions upon the applicant, hence, I am inclined to pass following order :
ORDER
(a) In the event of arrest of the Applicant - Prafulla Chokhaji Paikrao, in connection with Crime No. 321 of 2025 registered with Ramtirth Police Station, District Nanded, for the offences punishable under Section 310 (4) of the Bhartiya Nyaya Sanhita and Section 4 r/w 35 of the
Arms Act, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions : (i) The Applicant is directed to attend Ramtirth Police Station, District Nanded on 22nd, 23rd, 24th, 30th April, 2026 and 1st of May, 2026 in between 11:00 a.m. to 01:00 p.m. and co-operate with the Investigating Officer and shall attend the concerned Policel Station thereafter as and when called by the Investigating Officer, till filing of the charge-sheet. (ii) The Applicant shall not enter the entire Biloli Taluka, District Nanded till filing of the charge-sheet and shall provide his alternate address where the applicant is ordinarly resides.
(iii) The Applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses.
(iv) The Applicant shall submit his Aadhar Cards and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.
(v) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the Applicant on that ground.
(vi) With the aforesaid directions, the application is disposed of.
( MEHROZ K. PATHAN, J. ) mahajansb/