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Bombay High CourtABA/97/2026allowed

Ramchandra Tukaram Chandankar And ANR. v. The State Of Maharashtra And ANR.

2026-02-17Hon'Ble Shri Justice Nitin B. Suryawanshi4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLICATION NO. 97 OF 2026

1. Ramchandra Tukaram Chandankar 2 Rupesh Manohar Mulik ...Applicants

VERSUS

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.02.17 19:10:36 +0530 The State of Maharashtra And Anr.

...Respondents

SAJAKALI LIYAKAT JAMADAR Mr. Jaydeep D. Mane a/w Mr. Yash Fadtare a/w Mr. Mihir M. Advocate for Applicants.

Mr. S. S. Chaudhari, APP for the Respondent-State. PSI Prashant Madane, Tembhurni Police Station, Solapur, present.

CORAM

:

NITIN B. SURYAWANSHI, J.

DATE :

17th FEBRUARY, 2026 P.C.

1.

By this application, applicants are seeking anticipatory bail in Crime No. 04 of 2026 registered with Tembhurni Police Station, District: Solapur Rural for the offences punishable under Sections 109, 132, 221, 3(5) and 121 (1) of the Bharatiya Nyaya Sanhita, 2023.

2.

The informant, a police constable attached to the Tembhurni Police Station, lodged a First Information Report ('FIR') stating that, on 01.01.2026, while he was on duty, one Mahadev Tupasundar called on '112' emergency helpline and informed that he was assaulted by two persons and he apprehends danger to the life and

requested for police help, accordingly, he went there. At that time one Gray colour Vitara Brezza vehicle, Registration No. MH-11-CG2015 came there in high speed. After seeing him in uniform, they were angry. They stopped at him and asked, why you have come here. At that time the informant told them that he is doing his official duty. The three persons in the said car alighted and caught hold collar of the informant and manhandled him. They assaulted him with fist and kick blows. He was made to fall and one person in violet colour shirt assaulted him with stick on right hand. One person wearing yellow colour shirt assaulted him with a big stone, due to which he suffered injury on the back side of his head. 3.

Heard learned Advocate for the Applicant and learned APP for the Respondent-State instructed by Investigating Officer. Perused the investigation papers made available by learned APP. 4.

On reading of the FIR, prima facie this Court is of the view that genesis of occurrence is suppressed by the informant in the FIR. It is difficult to believe that merely because the informant was in the uniform, unknown persons would stop the vehicle and get angry and would asked him as to why he had come there. Something else must have happened in the spot, but that is suppressed by the informant in the FIR.

5.

Perusal of the investigation papers show that applicant No.1 was in fact arrested initially. He has produced the clothes allegedly owned by the accused persons at the time of alleged incident, the stick, stone and the Vitara Brezza vehicle allegedly used in the crime are seized. However, since his health deteriorated, he could not be arrested and therefore the police gave him notice and released him. Accused No.1 - Ravindra Ramchandra Chandankar was arrested and is released on bail. In the photographs allegedly taken at the time of incident, applicant No.2 is not seen, therefore, his presence appears to be doubtful at the time of incident. It appears that the investigation is on the verge of completion and as per Investigating Officer, within 15 to 20 days, the charge-sheet is likely to be filed. In the facts of the present case, custodial interrogation of the applicants is not necessary. 6.

In the result, the application is allowed.

7.

In the event of arrest of applicants Ramchandra Tukaram Chandankar And Rupesh Manohar Mulik in Crime No. 04 of 2026 registered with Tembhurni Police Station, District: Solapur Rural, they be released on bail on executing Personal Bond in the sum of Rs.15,000/- each with one surety in the like amount. 8.

The Applicants shall attend the concerned police station as and when called by the Investigating Officer.

9.

The Applicants shall not tamper with the prosecution evidence.

(NITIN B. SURYAWANSHI, J.)