Shri. Amardeep Devanand Tayde And ANR v. The State Of Maharashtra Thr Pso Ps Midc Taluka And Dist Akola
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 315 of 2026 (Shri Amardeep Devanand Tayde and anr Vs. State, thr PSO, PS MIDC, Tq. Dist. Akola) --------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------------- Mr. S.M. Bhangde, Advocate for applicants.
Ms. M.R. Kavimandan, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.
DATE: 05.05.2026 Heard.
2.
The applicants, one of whom was named in the FIR and other who is implicated during the investigation as an accused have approached this Court praying for anticipatory bail in connection with Crime No. 241/2026, dated 23.3.2026, registered with the Police Station Akola, Dist. Akola for offences punishable under Sections 25 and 4 of the Arms Act and Sections 115(2), 189(1)(c), 189(2), 189(4), 190, 191(2), 191(3), 296, 324(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3.
The reporter of crime is one Sunil Gawai. The FIR can be divided into two parts. The initial incident had taken place on 23.2.2026, at about 9.00 p.m., when the informant was proceeding towards his home, at that time, one Dipak Tayde and Raj Ambhore were standing. There the informant inquired from one Rahul Rakshaksar about the purpose of their standing, who disclosed that it is for discussing the
2 14aba315.2026..odt matter relating to donation and thus they were chit-chatting. At that time, Deepak Tayde came behind and gave slap on the head of the informant. The quarrel took place there. Thereafter, the informant returned to his home. Immediately, thereafter, Dipak Tayde and Pappu Tayde /applicant no. 2, as well as Vilas Tayde came and started abusing the informant also thrown stones at the house of informant and went away. 4.
The second incident took place on the same day, at about 10.00 p.m.,when the informant was at his home at that time, the accused persons excluding the present applicant came in front of the house of informant and started hurling abuses. He also threatened to kill the informant. A specific role was assigned to accused Dipak who abused and threatened the informant and pelted stones and bricks at the house of the informant.
5.
So far as the role assigned to applicant no. 2 is concerned, it was alleged that he was having iron pipe in his hand and the applicant no.1 had hurled abuses. It was alleged that accused Vikas and Dadu entered the house of Rahul Rakshaskar and caused damage to the property. In the said incident, the complainant party had not sustained any injury which fact is also not disputed by the learned APP. 6.
It is in this background, the learned counsel for the applicant has submitted that the applicant has no criminal antecedents and they were also not involved in any other crime. According to the FIR, no specific role is assigned to
3 14aba315.2026..odt them. He further argued that applicant no. 2 had also lodged report with the same police station against the reporter in the present FIR, on the basis of which FIR no. 242/2026 dated 23.3.2026 was registered for commission of offences punishable under Sections 118(1), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita. He thus, contended that the allegations in the FIR are exaggerated.
7.
Per contra, learned APP has argued that all the applicants were involved in the crime and though, nobody was injured from the complainant party, the household articles and the vehicle was damaged.
8.
In this background, with the able assistance of learned counsel for the respective parties, I have gone through the record of the case.
9.
The allegations made in the FIR are very specific. In the initial incident which had taken place at 9.00 p.m., the applicants were not named. In the second incident which took place at 10.00 p.m., it was stated that applicant no. 2 was holding the iron pipe in his hand whereas applicant no 1 was hurling abuses. It is not the case that the applicants have assaulted or caused damage to the household articles or to the vehicle. Considering the aforesaid facts, so also, contention of learned counsel for the applicants that they have no criminal antecedents, the following order is passed:
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ORDER
i) The Criminal Application is allowed.
ii) In the event of arrest in connection with Crime No. 241/2026, dated 23.3.2026, registered with the Police Station Akola, Dist. Akola for offences punishable under Sections 25 and 4 of the Arms Act and Sections 115(2), 189(1)(c), 189(2), 189(4), 190, 191(2), 191(3), 296, 324(4), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicants, namely, Amardeep Devanand Tayde and Dhammadeep @ Pappu Devanand Tayde, be released on bail on furnishing a P.R. bond of Rs. 55,000/- (Rupees Fifty Five Thousand only) each with one solvent surety in the like amount.
iii) The applicants shall attend the concerned Police Station from 8th to 10th May, 2026, between 3.00 p.m. to 6.00 p.m., and thereafter, as and when called and shall cooperate with the Investigating Agency. iv) The applicant shall not tamper with the prosecution evidence or threaten the prosecution witnesses. v) The applicant shall not leave the India without prior permission of the Court.
(RAJNISH R. VYAS, J.) Belkhede, PS