← Library
Bombay High CourtABA/639/2026withdrawn

Ajay Avdhut Giri And Others v. The State Of Maharashtra And Another

2026-04-28Hon'Ble Shri Justice Mehroz K. Pathan7 pages

2026:BHC-AUG:19391

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 639 OF 2026

1. Ajay Avdhut Giri

2. Bhagwan Dwarkoba Puri

3. Anjanabai Bhagwan Puri

4. Ashwini Waman Giri

5. Pradeep Bhagwan Puri

6. Akshay Avdhoot Giri

7. Shalini Sadashiv Puri

8. Sadashiv Shridhar Puri

9. Avadhut Namdev Giri

VERSUS

The State Of Maharashtra And Another ...

• Mr. R. B. Hake, Advocate for Applicants • Mr. R. K. Ingole, APP for Respondent No. 1 - State • Mr. G. D. Kale, Advocate for Respondent No. 2 - Victim ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 28.04.2026 PER COURT :

1.

Heard learned counsel for the applicants, learned APP for respondent No. 1 - State, and learned counsel for respondent No. 2 - Victim.

2.

The applicants have approached this Court apprehending arrest in connection with FIR No. 157 of 2026 dated 21.03.2026, registered with Bhagya Nagar Police Station, District Nanded, for the offences punishable under Sections 69 and 351(2) of the Bharatiya 1/7

Nyaya Sanhita, 2023.

3.

The case of the prosecution is that respondent No. 2 lodged the report on 21.03.2026, on the basis of which FIR No. 157 of 2026 came to be registered at Bhagya Nagar Police Station, Nanded. It is alleged that on 12.05.2025, the informant visited Mahant Balgir Maharaj Math at Gadi Pura, where she came in contact with the main accused, Sant Harigir Dattagir Maharaj, and subsequently accepted his discipleship in June 2025, regularly visiting the Math. On 12.07.2025, they exchanged mobile numbers and remained in constant contact. On 16.07.

2025, the accused allegedly visited her house when she was alone and forcibly established physical relations with her against her will, thereafter assuring her that he would renounce celibacy and marry her, and on such promise, continued to have physical relations with her on multiple occasions, including visits during Navratri and otherwise. It is alleged that the accused, along with his relatives, including the present applicants, assured her of marriage, held meetings in that regard, and later avoided her. The informant further alleges that she was called at different places, including a hotel and public locations, where she was offered money to settle the matter and was threatened with defamation and harm to her family members.

and avoided her, and she later came to know about his relations with other women. The present applicants are alleged to have supported the main accused by participating in assurances, facilitating meetings, attempting compromise, and extending threats, and on these allegations, the present crime has been registered. 4.

Learned counsel for the applicants submits that the applicants are falsely implicated in the present crime. The entire allegations in the FIR are primarily against Sant Harigir Dattagir Giri, and the applicants are in no manner concerned with the alleged acts even if the contents of the FIR are taken at face value. The applicants are only attributed with allegations of having threatened the complainant to withdraw the complaint. The applicants do not have any criminal antecedents, except applicant No. 4 - Ashwini Waman Giri, against whom complaints are registered under Section 498-A of the Indian Penal Code at the instance of the wife of her brother. It is further submitted that the main accused, Sant Harigir Dattagir Giri, is already arrested and is in custody. The applicants have deep roots in society and are not flight risks.

The applicants are ready to abide by any conditions imposed by this Court. It is further submitted that the applicants had approached the learned Sessions Court; however, the said application came to be rejected on the ground that their apprehension of arrest was not real.

Investigating Officer did not seek custodial interrogation of the applicants and the request for the same was not pressed. 5.

Learned counsel for the applicants further submits that the perusal of the say filed by the prosecution before the learned Sessions Court would indicate that the allegations against the applicants are limited to making phone calls to the complainant and allegedly threatening her to withdraw the complaint. In view thereof, the applicants apprehend their arrest and have approached this Court. The applicants are ready to abide by any conditions imposed by this Court, and therefore, they deserve protection. 6.

Per contra, learned APP as well as learned counsel for respondent No. 2 - Victim strongly oppose the application. It is submitted that the applicants have threatened the victim to compromise the matter both prior to and after the registration of the crime. The investigation is at a crucial stage. The applicants are close associates of the main accused, Sant Harigir Dattagir Giri, against whom there are serious allegations. The applicants are specifically named in the FIR and are alleged to have actively threatened the complainant. It is further submitted that the call detail records (CDRs) indicate that some of the applicants were in continuous contact with the complainant, thereby corroborating the allegations of threats. It is contended that if released on bail, the applicants may 4/7

again threaten the complainant and prejudice the prosecution case. Hence, custodial interrogation is necessary, considering the seriousness of the offence, and the application deserves to be rejected.

7.

I have carefully gone through the investigation papers made available by the learned APP. Upon perusal of the same, it appears that the substantial part of the investigation is complete. The material on record indicates that the primary allegations are against the main accused, Sant Harigir Dattagir Giri, against whom there are serious accusations of establishing physical relations on the false pretext of marriage. The said accused is already arrested and is in custody. The call detail records of the complainant's mobile phone have already been collected. The statement of the complainant under Section 183 of the Bharatiya Nyaya Sanhita has also been recorded. There are no criminal antecedents reported against the applicants except applicant No. 4. The role attributed to the present applicants appears to be limited in nature.

In my view, the apprehensions expressed by the learned APP and the learned counsel for respondent No. 2 can be adequately addressed by imposing stringent conditions. Hence, I am inclined to grant protection to the applicants in exercise of powers under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

O R D E R

i.

The Anticipatory Bail Application is allowed. ii.

In the event of arrest of the applicants, namely (1) Ajay Avdhut Giri, (2) Bhagwan Dwarkoba Puri, (3) Anjanabai Bhagwan Puri, (4) Ashwini Waman Giri, (5) Pradeep Bhagwan Puri, (6) Akshay Avdhoot Giri, (7) Shalini Sadashiv Puri, (8) Sadashiv Shridhar Puri, and (9) Avadhut Namdev Giri, they shall be released on bail on furnishing P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand) each with one or two solvent sureties in the like amount each, in connection with FIR No. 157 of 2026 registered with Bhagya Nagar Police Station, District Nanded, for the offences punishable under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- A) The applicants shall attend the concerned police station and report to the Investigating Officer as and when called and, in any case, every Saturday between 12:00 noon and 02:00 p.m. till recording of the evidence of the complainant before the learned Trial Court.

B) The applicants shall not enter Mahant Balgir Maharaj Math, Gadi Pura, Nanded, and shall also not enter the jurisdiction of Bhagya Nagar Police Station till the recording of the evidence of the complainant, except for the purpose of attending the police station as directed hereinabove.

6/7

C) The Applicants shall also cooperate with the investigation.

D) The Applicants shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicants shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

8.

Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the anticipatory bail granted hereinabove.

9.

The observations made herein are prima facie and shall not influence the Trial Court while deciding the case on its own merits. 10.

In view of the above, the Anticipatory Bail Application stands disposed of.

( MEHROZ K. PATHAN, J. ) 7/7