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Bombay High CourtABA/298/2026allowed

Sandeep Prakash Nagane v. The State Of Maharashtra And ANR.

2026-06-16Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 298 OF 2026 Sandeep Prakash Nagane ... Applicant

Versus

The State of Maharashtra And Anr.

... Respondents ------ Mr. Ritesh M. Thobde i/b. Mr. Darshan Singh Rajpurohit for the Applicant. Mr. S.V. Gavand, A.P.P. for the Respondents-State. Officer : API Mr. Kiran Patil, Mohol Police Station, Solapur R., present. ------ Coram : MEHROZ K. PATHAN, J.

Date : 16th June 2026.

PER COURT :

1.

The Applicant has approached this Court seeking anticipatory bail in connection with F.I.R. No. 0121 of 2023, dated 06/02/2023, registered with Mohol Police Station, District Solapur Rural, for the offences punishable under Sections 307, 327, 324, 452, 504, 506, 143, 147, 148, 149 of the Indian Penal Code, 1860 (IPC).

2.

Learned counsel for the Applicant Mr. Ritesh Thobde holding for Mr. Darshan Singh Rajpurohit submits that the Applicant is falsely implicated in 1 of

the present crime. The Applicant was one of the workers, who had attended the office of the complainant. However, the main role of assault is attributed to the accused Chatur Nagane and Shekhar Nagane. The role of the Applicant is general in nature. No specific overt act is attributed. The allegations of snatching of golden chain is exaggerated only with an intention to implicate the Applicant to the stringent provisions of robbery thereby denying the bail to the Applicant. The Applicant is running a fabrication shop. The Applicant is having deep roots in the society. The Applicant is not having any flight risk and the Applicant is ready to abide any conditions that may be imposed by this Court. The investigation in the present crime is already complete and the chargesheet is filed against all the arrested accused persons. Hence, the Applicant may be protected. 3.

Learned A.P.P. on the other hand strongly opposed the anticipatory bail application on the ground that the Applicant is involved in serious offence of attempt to commit murder. The offence is punishable with life imprisonment. The Applicant is specifically named in the F.I.R. to have assaulted by means of wooden stick along with co-accused Mahendra. The co-accused, Mahendra, has already been arrested, and a memorandum under Section 27 of the Indian Evidence Act has been recorded, wherein the said accused allegedly led to the discovery of a gold chain, purported to have been snatched from the complainant's son on the date of the incident. The another golden chain 2 of

allegedly snatched on the date of incident by the present Applicant is yet to be recovered. The Applicant is absconding from the date of commission of offence i.e. 06/02/2023. The Application is filed after more than three years. The custodial interrogation of the Applicant is thus necessary. Therefore, this is not a fit case to release the Applicant on anticipatory bail. 4.

I have gone through the investigation papers, which is now culminated into filing of the chargesheet. The perusal of the chargesheet shows that the present F.I.R. No. 0121 of 2023 is registered immediately after F.I.R. No. 0120 of 2023 was registered at the behest of co-accused Mahendra against the complainant Brahmanand Dhekale and his son Pranav Dhekale. The submission that the present F.I.R. is a counterblast to the earlier F.I.R. filed by Mahendra appears to be probable. However, these are observations prima facie in nature. Even if the allegations in the F.I.R. are taken to be true, the allegation of assault by means of a dangerous weapon is attributed to accused Chatur Nagane and Shekhar Nagar.

Accused Shekhar is alleged to have assaulted the Manager Kalyan Sawant, whereas accused Chatur alleged to have assaulted Tanishk, son of the complainant. Insofar as the role of the present Applicant is concerned, the Applicant is stated to have assaulted by means of wooden stick along with accused Mahendra to all the persons. There are no specific allegation of overt act of assault to any particular person by the Applicant.

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5.

Be that as it may. Since the chargesheet is already filed and the investigation is already complete, no fruitful purpose would be served by subjecting the Applicant to custodial interrogation. The apprehension of the learned A.P.P. that the Applicant may commit identical offence, can be taken care of by imposing stringent conditions upon the present Applicant. Hence, following order is passed :-

O R D E R

i.

In the event of arrest of the Applicant - Sandeep Prakash Nagane, he be released on bail on furnishing P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount, in connection with F.I.R. No. 0121 of 2023, dated 06/02/2023, registered with Mohol Police Station, District Solapur Rural, for the offences punishable under Sections 307, 327, 324, 452, 504, 506, 143, 147, 148, 149 of the Indian Penal Code, 1860, on the following conditions :- (A) The Applicant shall attend the concerned Police Station and report to the Investigating Officer on every Thursday and Friday, between 11:00 a.m. and 02:00 p.m. till filing of the additional charge-sheet / supplementary chargesheet, if any, against the present Applicant. (B) The Applicant shall also co-operate with the investigation.

(C) The Applicant shall not tamper with the prosecution evidence and shall not contact the complainant. Any 4 of

attempt on the part of the Applicant to threaten the prosecution witnesses shall entitle the prosecution the seek cancellation of bail.

(D) The Applicant shall submit copy of his Aadhar Card and Pan Card to the Investigating Officer along with mobile numbers and addresses of two of his near relatives. 6.

The Application is disposed of in the aforesaid terms. [ MEHROZ K. PATHAN, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2026.06.18 17:07:22 +0530 OMKAR SHIVAHAR KUMBHAKARN 5 of