Prakash S/O Haribhau Jambhulkar v. State Of Maharashtra Thr Pso., Ps Gittikhadan, Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.103 OF 2026 Akshay Namdev Dhavle ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Akshay Badve a/w Mr. Ashraf Kazi, Advocates for Applicant. Ms. R. V. Newton, APP for the State.

Mr. Shinde, Velha Police Station, Pune Rural, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

17th January 2026 P.C.:

1.

Heard Mr. Badve, learned Counsel appearing for the Applicant and Ms. Newton, learned APP for the State. 2.

By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant is seeking pre-arrest bail in connection with C.R. No.118 of 2025 registered with Velha Police Station, Pune Rural for the offences punishable under Sections 324(2), 308(3), 304(2), 191(2), 189(2), 126(2), 352, 351(2), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

3.

The case of the prosecution is set out in Paragraph No.2 of the order dated 7th January, 2026 passed by learned Additional Session Judge, Pune in Criminal Bail Application No.8549 of 2025 which reads as under:- 2] On 13/12/2025 informant Ketan Pravin Waghmode lodged complaint to Welha Police Station. He alleged that on 12/12/2025 in the evening he was carrying one bull in his transport cart on the instructions of its owner Ankush Shendge. When he came near Nasrapur, accused restrained his way, inquired to him about the bull. They take him on another place, assaulted him by wooden log. Then snatched his mobile phone. They transferred the amount from his mobile. They further demanded Rs.30,000/- to release his vehicle. Based on this information police has registered the crime against the accused. 4.

It is the submission of Mr. Badve, learned counsel appearing on behalf of the Applicant that except the offences registered under Section 118(1) and Section 304(2) of ("BNSS") all other offences are bailable offences. There is one antecedent of the year 2019, however he has been released on bail in that case. He further submits that the Applicant is not involved in the crime and therefore Anticipatory Bail Application be allowed. 5.

Ms. Newton, learned APP for the State, submits that the offences are very serious in nature. In the FIR the Applicant has been named. She further submits that the statement of witnesses

shows that the Applicant is involved in the crime. There is one antecedent. She therefore submits that the Anticipatory Bail Application be rejected.

6.

On perusal of the record it is clear that except offence under Section 118(1) and 304(2) of BNSS all other offences are bailable. The maximum punishment is of three years. Although there is one antecedent the same is of the year 2019, where the Applicant has been released on bail. In the facts and circumstances the custodial interrogation is not necessary.

7.

Accordingly, the Applicant is entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant - Akshay Namdev Dhavle be released on bail in C.R. No.118 of 2025 registered with Velha Police Station, Pune Rural, on executing P.R. bond of Rs.25,000/- and furnishing one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 22nd January, 2026 and 23rd January, 2026

between 11.00 a.m. to 2.00 p.m. and thereafter as and when called by the Police and shall co-operate with the investigation.

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

(iv) The Applicant 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.

(v) The Applicant shall not leave India without prior permission of the Court.

(vi) The Applicant 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 allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)