Ashish S/O Shantaram Kubde v. State Of Maharashtra Thr Pso., Ps Midc, Nagpur

2026:BHC-NAG:1160 1 69 aba09.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 09 OF 2026 ASHISH S/o SHANTARAM KUBDE

VERSUS

STATE OF MAH., THRU. P.S.O., P.S., M.I.D.C., NAGPUR. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Akshay A. Naik, Senior Advocate with Mr. S. U. Dable, Advocate for the applicant.

Mrs. Mukta R. Kavimandan, A.P.P. for the non-applicant/State CORAM : M. W. CHANDWANI, J.

DATE : JANUARY 22, 2026.

1.

Heard Mr. Akshay Naik, learned senior counsel appearing for the applicant and Mrs. Mukta Kavimandan, learned A.P.P. appearing on behalf of the non-applicant/ State.

2.

The applicant is apprehending his arrest in connection with Crime No. 1085/2025 registered with Police Station, M.I.D.C., Nagpur for the offences punishable under Sections 74, 352 of the Bhartiya Nyaya Sanhita, 2023.

3.

A complaint came to lodged against the applicant by the owner of the Bar alleging that on 03.12.2025, the applicant came to the Bar and misbehaved with the lady singers of the Bar and outraged their modesty. 4.

It is contended by the learned senior counsel that the applicant has some amount due towards Bar expenses and the applicant has been falsely implicated in this crime only because he had not cleared the dues. According to

2 69 aba09.26.odt him, there is a delay in lodging the FIR. Therefore, he submitted that the applicant be enlarged on anticipatory bail.

4.

Learned APP, on the other hand, opposed the application on the ground that there are statements of the victims who were harassed by the applicant. According to her, the applicant is indulged in other offences like extortion. She submitted that considering all these aspects, the application be rejected.

5.

Perusal of the FIR reveals that on 03.12.2025 at about 11.30 pm, when the complainant was present in the Bar, the applicant came there with his friends. They were already under the influence of liquor and again consumed more liquor in his Bar. Then they started eve-teasing the lady singers present in the Bar. When the complainant intervened, the applicant abused him and also took out the DVR of the CCTV camera of the Bar.

6.

It appears that the alleged incident had occurred on 03.12.2025 whereas, the FIR came to be lodged on 08.12.2025. It also appears that the statements of the friends of the applicant who were present there are not recorded by the police yet. The offence is punishable with imprisonment for five years.

7.

Considering the fact that nothing is required to be seized from the applicant, his custodial interrogation may not be fruitful to the prosecution. So also, considering the nature of allegations and the punishment prescribed for the alleged offences, a case is made out for grant of

3 69 aba09.26.odt anticipatory bail.

8.

Accordingly, the criminal application is allowed. 9.

In the event of arrest of applicant - Ashish S/o Shantaram Kubde in connection with Crime No. 1085/2025 registered with Police Station, M.I.D.C., Nagpur for the offences punishable under Sections 74, 352 of the Bhartiya Nyaya Sanhita, 2023, he be released on bail on furnishing a PR bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount.

10.

The applicant shall attend the concerned Police Station on every Wednesday between 10.00 am and 12.00 pm for four weeks and cooperate with the investigation. 11.

It is informed that the applicant is in jail in connection with another crime. Therefore, the abovesaid compliance shall be done by the applicant as soon as he is released from custody.

12.

The applicant shall not indulge in pressurizing the prosecution witnesses nor tampering with the prosecution evidence in any manner.

13.

The application stands disposed of in the aforesaid terms.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 23/01/2026 14:49:40