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Bombay High CourtABA/516/2026allowed

Kiran Mahadev Holkar v. The State Of Maharashtra

2026-02-26Hon'Ble Shri Justice Madhav J. Jamdar6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.516 OF 2026 Kiran Mahadev Holkar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Satyavrat Joshi a/w. Mr. Priyesh More, for the Applicant. Mr. S. M. Mangaonkar, APP, for the Respondent-State. Mr. Vishnu Deshmukh, PSI, attached to Fursungi Police Station, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

26th FEBRUARY 2026 PC:- 1.

Heard Mr. Joshi, learned Counsel appearing for the Applicant and Mr. Mangaonkar, learned APP appearing for the Respondent-State.

2.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.273 of 2025 registered with Fursungi Police Station, Pune City, Pune, for the offences punishable under Sections 117(2), 126(2), 3(5) and 352 of the Bharatiya Nyay Sanhita, 2023.

3.

The prosecution case is set out in paragraph No.2 of the Anticipatory Bail Application, which reads as under: "2. The prosecution case, as briefly stated, is as under:

I. The First Informant Report is filed by one Vipul Santosh Chaudhary (herein referred to as "the Complainant") whereby the present Applicant has been arraigned in the said crime.

II. It is alleged that, the Complainant while he was returning to his residence from his work at around 7 pm on 20.08.2025 on his bike, 3 unknown persons on a motorcycle approached the Complainant and stopped his vehicle in the middle of the road.

III. That when the said persons were questioned by the Complainant as to why did they stop the Complainant, 2 unknown persons got down of the said motorcycle and asked the Complainant to get down of his motorcycle. At this time, the 2 unknown persons started assaulting the Complainant with the Iron Rods which were in their hands.

IV. The Complainant states that both the unknown persons hit the left leg of the Complainant with the said Iron Rods, after which the Complainant pulled down the stand of his motorcycle, left the motorcycle and started running towards Hadapsar at which time, both the said persons started to hit the helmet of the Complainant and were chasing the Complainant.

V. That at such time, the other vehicles coming from the opposite side alerted the unknown persons and they ran away. When the Complainant approached his vehicle, the key to the said vehicle was missing and thus, he Complainant asked for help from the other vehicles on the road out of which, 4 persons on 3 motorbikes helped the Complainant and the Complainant with their help came to Super Market at Saswad. Thereafter the Complainant called his wife and asked her to come to the said location, the wife of the Complainant called her brother and he too came to the said location.

VI On the basis of these allegations, the Complainant lodged the present FIR and the Applicant has been arraigned as Accused in CR No. 273 of 2025 registered with Fursungi Police Station, Pune."

4.

It is the submission of Mr. Joshi, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime and in fact, false FIR has been lodged. He submits that the Applicant is MSEB Contractor and the First Informant is MSEB Technician. They are working with the present Applicant. They are known to each other despite that, the FIR has been lodged against the unknown persons. The vehicle which has been used in the crime is of the ownership of the Applicant. He submits that the injuries are of simple in nature. He submits that although there is antecedent, it is of the year 2024 and the same is of rash and negligent driving.

5.

Mr. Mangaonkar, learned APP submits that the offence is very serious and therefore, the Anticipatory Bail Application be rejected.

6.

Perusal of the record shows that the FIR has been lodged against unknown persons. Thus, in any case, the name of the Applicant is not mentioned in the FIR. The injuries are simple in nature. Mr. Joshi, learned Counsel submits that the Applicant will co-operate with the investigation.

7.

Accordingly, the case is made out for grant of Anticipatory Bail by imposing certain conditions. In view thereof, the following order is passed:

O R D E R

(a) In the event of arrest of the Applicant-Kiran Mahadev Holkar in connection with C.R. No.273 of 2025 registered with the Fursungi Police Station, Pune City, Pune, the Applicant is directed to be released on bail on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the Fursungi Police Station,

Pune City, Pune, on 9th March 2026 and 10th March 2026 and shall co-operate with the investigation and thereafter, the Applicant shall attend the Fursungi Police Station, Pune City, Pune, as and when called by the Investigating Officer.

(c) 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.

(d) 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.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the learned Trial Court/concerned Sessions Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2026.03.09 09:46:02 +0530 SONALI MILIND PATIL