Rahul Arjun Gangurde v. State of Maharashtra

Bombay HC16 Jun 2025ABA/1525/2025

Case brief

AI extract

What is this about?

Anticipatory bail ALLOWED — Anticipatory Bail Application No. 1525 of 2025, Bombay High Court, N.R. Borkar, J., 17.12.2025; Crime No. 159/2025, Vanrai Police Station; BNS 2023 Sections 74, 76, 79, 115(2), 351(2); FIR by widowed sister-in-law/licensee over rent dispute; release ordered in event of arrest on P.R. Bond Rs. 25,000 with one or two sureties in like amount; conditions to attend police station and cooperate in investigation.

What did the court decide?

Anticipatory bail granted: in the event of arrest in C.R. No. 159 of 2025 (Vanrai Police Station), the applicant is to be released on a P.R. Bond of Rs. 25,000/- with one surety or two sureties in the like amount, subject to attending the concerned police station as and when called and cooperating in the investigation. ¶¶23

Rahul Arjun Gangurde vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 159 of 2025 registered at Vanrai Police Station for offences under Sections 74, 76, 79, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

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Court's answer

On perusal of the first information report, prima facie there appears to be substance in the submissions of learned counsel for the applicant (that the FIR was lodged to avoid payment of rent and to grab the applicant's flat).

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Ratio / Principle

Considering the overall facts and circumstances of the case, the Court was inclined to release the applicant on anticipatory bail.

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Key takeaways

In the event of arrest of the applicant in C.R. No. 159 of 2025 registered at Vanrai Police Station, he is to be released on bail on executing a personal recognisance (P.R.) Bond of Rs. 25,000/- with one surety or two sureties in the like amount.ratio¶¶28
As a condition of the anticipatory bail, the applicant shall attend the concerned police station as and when called and shall cooperate in the investigation.ratio¶¶29

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N.R. Borkar, J.; Anticipatory Bail Application No. 1525 of 2025, decided 17.12.2025 — Applicant apprehends arrest in Crime No. 159 of 2025, Vanrai Police Station, for offences punishable under Sections 74, 76, 79, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023. First informant is the widow of the applicant's late elder brother, residing as licensee in the applicant's flat; the FIR alleges outrage of modesty and threats during a dispute over non-payment of rent. Applicant contended that a rent notice preceded the FIR and that it was lodged to avoid payment of rent and grab his flat. On perusal of the FIR, prima facie substance was found in this submission and, considering the overall facts and circumstances, the application was allowed: in the event of arrest, the applicant is to be released on a P.R. Bond of Rs. 25,000/- with one surety or two sureties in the like amount, subject to attending the police station as and when called and cooperating in the investigation.

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902-aba-1525-25.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1525 OF 2025

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Rahul A. Gangurde V/s.

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The State of Maharashtra & Anr.

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…Applicant

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...Respondents.

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Mr. Taukeer Siddiqee a/w. Mr. Abhishek Mishra, Adv. Karan Bhansali, Adv. Raveen Palekar and Adv. Shivam Chitlargia for the Applicant.

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Mrs. Rutuja Ambekar, APP for the Respondent/State.

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1…………..

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CORAM : N.R. BORKAR, J. DATE : 17.12.2025.

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P.C. :

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1. This is an application for anticipatory bail.

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The applicant is apprehending his arrest in Crime No. 159 of 2025 registered at Vanrai Police Station for the offences punishable under Sections 74, 76, 79, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

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The first informant is the widow of the Applicant’s Late elder brother. It is the case of the prosecution that the first informant resides as a licensee in the flat owned by the Applicant. It is alleged that on the date of incident, dispute arose between the applicant and first informant on account of non-payment of rent and during the said dispute, it is alleged that the applicant had outraged the modesty of the first informant as well as threatened her. Accordingly, the present crime was registered.

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Dinesh S. Sherla

902-aba-1525-25.doc

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State.

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Learned counsel for the applicant submits that since the first informant was not paying the rent, the applicant had issued a notice calling upon her to pay the rent. It is submitted that, in order to avoid payment of rent and with an intention to grab the flat belonging to the applicant, a false FIR came to be lodged against the applicant. It is submitted that there is no need of custodial interrogation and the applicant is ready and willing to cooperate in the investigation.

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On the other hand, learned APP for the respondent/State submits that considering the nature of crime, the applicant may not be released on anticipatory bail.

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I have perused the first information report. Prima-facie there appears to be substance in the submission of the learned counsel for the applicant. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on anticipatory bail. In the result the following order is passed.

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ORDER

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A) The Application is allowed.

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B) In the event of arrest of the applicant in C.R. No. 159

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Dinesh S. Sherla

902-aba-1525-25.doc

of 2025 registered at Vanrai Police Station for the offences punishable under Sections 74, 76, 79, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one surety or two sureties in the like amount.

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C) The applicant shall attend the concerned police station as and when called and shall co-operate in the investigation.

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[N.R.BORKAR, J.]

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Dinesh S. Sherla

Rahul Arjun Gangurde v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rahul Arjun Gangurde v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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