Gopal S/O Baban Devkar v. State Of Maharashtra Thr Its Pso., Ps Channi, Tah. Patur, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 246 OF 2026 Vinod Sarvajeet Yadav and Anr.

...Applicants V/s.

The State of Maharashtra

...Respondent

Adv. Saumitra Salunke a/w Ms. Swapnali Chavan i/b Mr. Pradeep Yadav, Advocate for the Applicants.

Mr. S. R. Agarkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

29.01.2026.

P.C. :

1.

This is an application for Anticipatory Bail. 2.

The applicants are apprehending their arrest in Crime No. 354 of 2025 registered at Pelhar Police Station, for the offences punishable under Sections 118(1), 115(2), 352, 79, 3(5) & 333 of the Bharatiya Nyaya Sanhita, 2023.

3.

According to the prosecution, on the date of the incident, which took place on 10.06.2025 at about 11.30 pm, the present applicants and other co-accused came to the house of the first informant and the applicant No.1 said to her that the said 1/3

house belongs to him. It is alleged that they abused her in filthy language, dragged her out of her house and assaulted her by fist and kick blows as well as by a wooden stick.

4.

I have heard the learned counsel for the applicants and the learned APP for the respondent-State.

5.

The learned counsel for the applicants submits that the applicant No.1 is a government servant. It is submitted that there is a dispute between applicant No.1 and his brother in relation to the house in question. It is submitted that due to the said dispute, false allegations are made against the present applicants. It is further submitted that there is a delay of eight days in lodging the FIR. It is submitted that there are no other criminal antecedents against the present applicants.

6.

On the other hand, the learned APP for the respondentState submits that the applicants are involved in a serious crime of outraging the modesty of the first informant. It is submitted that there is an eye witness to the incident. Learned APP submits that considering the nature of crime, the applicants may not be released on anticipatory bail.

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7.

I have perused the first informant report. There appears to be delay in lodging the FIR. The applicant No. 1 is a government servant. Considering the overall facts and circumstances of the case, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed :

O R D E R

a) The Application is allowed.

b) In the event of arrest of the applicants in connection with Crime No. 354 of 2025 registered at Pelhar Police Station, for the offences punishable under Sections 118(1), 115(2), 352, 79, 3(5) & 333 of the Bharatiya Nyaya Sanhita, 2023, the applicants be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- each with one or two sureties in the like amount.

[ c) The applicants shall attend the concerned police station as and when called by the investigating officer and shall co-operate in the investigation.

[N.R.BORKAR, J.] 3/3