Nisha Kapil Agarwal v. State Of Maharashtra Thr Pso., Ps Sitabuldi, Nagpur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.37 OF 2026 Vikas Vitthal Shelar & Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

Digitally signed by SONALI MILIND PATIL Date:

2026.01.09 18:45:34 +0530 SONALI MILIND PATIL Mr. Pranav H. Bhoite, for the Applicants.

Ms. S. M. Yadav, APP, for the Respondent-State. Mr. Vijay Kolhe, PSI, attached to Yavat Police Station, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

9th JANUARY 2026 PC:- 1.

Heard Mr. Bhoite, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.1015 of 2025 registered with Yavat Police Station, Pune Rural, Pune, for the offences punishable under Sections 119, 74, 118(1), 115(2), 351, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the order dated 24th December 2025 passed by the learned Additional Sessions Judge, Baramati in Criminal Bail Application No.968 of 2025, which reads as under:

"2. It is the case of prosecution that on dated 08/12/2025 informant went to her field along with her husband. At that time, accused Vikas outraged the modesty of the informant. Moreover, he also physically assaulted her by means of iron rod. Moreover, all the accused physically assaulted informant's husband. Similarly, accused Vikas has stolen Mangalsutra and Mobile of the informant. Hence, informant lodged report with Police Station."

4.

It is the submission of Mr. Bhoite, learned Counsel appearing for the Applicant that the Applicant and the First Informant are close relatives. The incident took place on spur of moment due to some quarrel. He submits that there is cross complaint. 5.

On the other hand, Ms. Yadav, learned APP strongly opposes the Anticipatory Bail Application. She submits that the offence is very serious and therefore, the Anticipatory Bail Application be rejected.

6.

Mr. Bhoite, learned Counsel appearing for the Applicants submits that there are no other antecedents against the Applicants and that the Applicants will co-operate with the investigation. 7.

Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant No.1-Vikas Vitthal Shelar, the Applicant No.2-Vitthal Kaluram Shelar and the Applicant No.3-Swapnali Vilas Shelar in connection with C.R. No.1015 of 2025 registered with the Yavat Police Station, Pune Rural, Pune, the Applicants are directed to be released on bail on their furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each in the like amount.

(b) The Applicants shall attend the Yavat Police Station, Pune Rural, Pune, as and when called by the Investigating Officer and shall co-operate with the investigation.

(c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]