Himmat Uttam Gaikwad And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 129 OF 2026 Himmat Uttam Gaikwad And Ors ... Applicants

Versus

The State of Maharashtra and anr.

... Respondents *** Mr. Harsh Arun Khot a/w Adv. Rohinee S. Yadav and Adv. Nitin N. Nikam for the Applicants.

Mr. S. H. Yadav, A. P. P. for the Respondent-State. ***

CORAM

: M.W. CHANDWANI, J.

DATE : 6th May, 2026.

P. C. :

1.

The Applicants are apprehending arrest in connection with Crime No. 44 of 2025, registered with Wai Police Station, District Satara, for the offences punishable under Sections 118(1), 115(2), and 333 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.

Heard the learned Counsel for the Applicants and the learned APP for Non-Applicant No. 1 - State.

3.

It appears that there exists a land dispute between the Complainant and the Applicants. The FIR alleges that on 22.02.2025, at about 7:15 p.m., an altercation took place between two closely related families residing in the

same village. It is further alleged that during the said quarrel, the Applicants along with other family members assaulted the Complainant's relatives by means of iron rods, kicks, and fist blows.

4.

It further appears that a cross-FIR has also been lodged by Applicant No. 1, alleging assault by the Complainant and her associates. Accordingly, an offence against the Complainant's party has also been registered vide Crime No. 45 of 2025.

5.

It is to be noted that the charge-sheet has already been filed. The alleged weapon, i.e., the iron rod used in the assault has been recovered. Therefore, nothing remains to be seized from the Applicants. 6.

Considering the existence of a cross-FIR, the completion of investigation and the fact that no further recovery is required from the Applicants, this Court is of the view that custodial interrogation of the Applicants is not necessary.

7.

Hence, a case is made out for grant of anticipatory bail. Accordingly, the following order is passed:

i) The anticipatory Bail Application is allowed. ii) In the event of arrest of Applicant No. 1 - Himmat Uttam Gaikwad, Applicant No. 2 - Nilam Himmat Gaikwad, Applicant No. 3 - Uttam Maruti Gaikwad, and Applicant No. 4 - Ranjana Uttam Gaikwad, in connection with Crime No. 44 of 2025

registered with Wai Police Station, District Satara, for the aforesaid offences, they shall be released on bail upon furnishing a PR bond of 25,000/- each with one solvent surety each in the ₹ like amount.

iii) The Applicants shall attend the concerned Police Station on every Friday and Tuesday between 10:00 a.m. and 12:00 noon for a period of two weeks and shall cooperate in the investigation.

iv) The Applicants shall not tamper with the prosecution evidence and shall not pressurize or influence the prosecution witnesses in any manner.

v) With this, the Application stands disposed of. [ M.W. CHANDWANI, J. ] Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2026.05.07 15:47:15 +0530 TALLE SHUBHAM ASHOKRAO