Akshay Shamrao Gaikwad vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Akshay Shamrao Gaikwad vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest of the applicant in connection with Crime No.619 of 2024 registered at Phaltan City Police Station, Dist. Satara (offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023), the applicant to be released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount; applicant to attend the concerned Police Station as and when called by the Investigating Officer and co-operate with the investigation; application disposed of accordingly.

Issue for consideration

Whether Akshay Shamrao Gaikwad, apprehending arrest in Crime No.619 of 2024 (Phaltan City Police Station, Dist. Satara) for offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is entitled to anticipatory bail. +1 more

Court's answer

On perusal of the First Information Report, prima facie there appeared to be substance in the submission of the learned Senior Counsel for the applicant.

Ratio / Principle

Considering the overall facts and circumstances of the case and the absence of other criminal antecedents against the applicant, the Court was inclined to release him on anticipatory bail.

Key takeaways

Release on anticipatory bail was conditioned on the applicant attending the concerned Police Station as and when called by the Investigating Officer and co-operating with the investigation.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N. R. Borkar, J., 17 January 2025 — Anticipatory Bail Application No. 29 of 2025 by Akshay Shamrao Gaikwad, apprehending arrest in Crime No.619 of 2024, Phaltan City Police Station, Dist. Satara, for offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. Allegation: complainant's car stopped on Dahiwadi – Phaltan Road near Kokre Hospital, complainant assaulted and gold chain snatched. The State sought custodial interrogation for recovery of the gold chain. On perusal of the FIR, the Court found prima facie substance in the submission that the dispute arose on account of driving of the vehicles and the gold-chain allegation was inflated; noting absence of other criminal antecedents, the Court allowed the application — release on P.R. Bond of Rs.25,000/- with one or two sureties in the like amount in the event of arrest, conditioned on attending the police station when called and co-operating with the investigation.

903-ABA-29-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 29 OF 2025

Akshay Shamrao Gaikwad ...Applicant Versus The State of Maharashtra ...Respondent

Mr. A. P. Mundargi, Senior Advocate i/b Mr. Abhijit B. Kadam and Mr. Ashish Chavan, Advocate for the Applicant. Mrs. G. S. Rao, A.P.P. for the Respondent – State. Mr. Nitin N.(API), Phaltan City Police Station, present.

CORAM : N. R. BORKAR, J. DATE : 17^th JANUARY, 2025.

P.C.:

This is an application for anticipatory bail.

The applicant is apprehending his arrest in Crime No.619 of 2024 registered at Phaltan City Police Station, Dist. Satara for the offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

The alleged incident took place on

Dahiwadi – Phaltan Road near Kokre Hospital, while the complainant and his father were traveling in a car and were

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903-ABA-29-2025.doc

going for purchasing furniture. It is alleged that car of the complainant was stopped and he was assaulted and gold chain which was on his person was snatched.

Learned Senior Counsel for the applicant submits that the applicant is a Grampanchayat Member and Director of Agricultural Produce Market Committee, Phaltan. It is submitted that the wife of applicant is a doctor. It is submitted that dispute arose between the parties on account of driving of the vehicles, however, to make it more serious the false allegations are made that gold chain was snatched. It is submitted that there are no other criminal antecedents against the applicant.

On the other hand, the learned A.P.P. for the Respondent – State submits that the custodial interrogation of the present applicant is necessary, as the gold chain is to be recovered.

I have perused the First Information Report. Prima facie there appears to be substance in the submission of the learned Senior Counsel for the applicant. Considering the overall facts and circumstances of the case and as there are no

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other criminal antecedents against the applicant, I am inclined to release him on anticipatory bail.

ORDER

(i) Anticipatory Bail Application is allowed;

(ii) In the event of arrest of the applicant in connection with Crime No.619 of 2024 registered at Phaltan City Police Station, Dist. Satara for the offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the Investigation.

(iv) Anticipatory Bail Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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