Chotu Alias Mahesh Balasaheb Nalghe and Anotherq Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Chotu Alias Mahesh Balasaheb Nalghe and Anotherq Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicants in both applications in connection with Crime No. 851/2024 dated 21.9.2024 (Newasa Police Station, District Ahmednagar): release on PR bond of Rs.20,000/- each with one or two sureties in the like amount, subject to conditions of attending the police station as and when required, not tampering with prosecution evidence, and cooperating with the investigation and trial; breach liable to cancellation; applications disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the applicants apprehending arrest in Crime No. 851/2024 dated 21.9.2024 (Newasa Police Station, District Ahmednagar), registered for offences punishable under sections 189(2), 191(2), 191(3), 190, 109, 118(2), 118(1), 115(2), 352 and 351(2) of B.N.S., 2023.

Court's answer

Considering the settlement between the parties, the pending quashing application before this Court (with notices issued), and the reasons noted in this Court's earlier order dated 3.12.2024 (quoted in the judgment), anticipatory bail can be granted to the applicants in the present applications.

Ratio / Principle

Anticipatory bail granted on conditions: in the event of arrest in Crime No. 851/2024, the applicants shall be released on bail on furnishing a PR bond of Rs.20,000/- each with one or two sureties in the like amount; they shall attend the police station as and when required, shall not tamper with the evidence of the prosecution, and shall cooperate with the investigation and the proceedings before the trial Court; violation of any condition shall render the order liable to cancellation.

Key takeaways

Clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.obiter¶34

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.; 09/04/2025) - Anticipatory bail granted in ABA Nos. 557 and 562 of 2025 to applicants (Vikas Vilas Ghorpade; Chotu alias Mahesh Balasaheb Nalghe and another) apprehending arrest in Crime No. 851/2024 dated 21.9.2024, Newasa Police Station, District Ahmednagar, for offences punishable under sections 189(2), 191(2), 191(3), 190, 109, 118(2), 118(1), 115(2), 352 and 351(2) of B.N.S., 2023. The Court relied on the amicable settlement between the parties, their pending quashing application before this Court (notices already issued), and the reasons recorded in the Court's earlier order dated 3.12.2024, by which anticipatory bail (ABA No. 1984/2024) and regular bail (BA Nos. 1953/2024 and 2015/2024) had been granted to co-accused in the same crime. Bail directed on a PR bond of Rs.20,000/- each with one or two sureties in the like amount, with conditions: attendance at the police station as and when required, no tampering with prosecution evidence, and cooperation with the investigation and trial; violation liable to cancellation. Observations confined to disposal of the anticipatory bail applications; the trial Court to proceed uninfluenced by them.

2025:BHC-AUG:10619

ABA 557/25 & Anr.

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

903 ANTICIPATORY BAIL APPLICATION NO. 557 OF 2025

VIKAS VILAS GHORPADE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

906 ANTICIPATORY BAIL APPLICATION NO. 562 OF 2025

CHOTU ALIAS MAHESH BALASAHEB NALGHE AND ANOTHERQ VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicants : Mr. Kotkar Sachin S. APP for Respondents/State : Mr. A.A.A. Khan

CORAM : ARUN R. PEDNEKER, J. DATE : 09/04/2025

PER COURT :

Heard the learned counsel for the applicants and the learned APP for the respondents-State.

The applicants in above applications are apprehending arrest in connection with Crime No. 851/2024 dated 21.9.2024 registered with Newasa Police Station, District Ahmednagar for the offences punishable under sections 189(2), 191(2), 191(3), 190, 109, 118(2), 118(1), 115(2), 352 and 351(2) of B.N.S., 2023.

This Court by order dated 3.12.2024 has granted anticipatory bail to the applicant in ABA No. 1984/2024 and regular bail to the applicants in BA No. 1953/2024 and BA No. 2015/2024 in the above crime considering the submissions at para 3 and 4, as under :-

“3] The learned counsel for the applicants submits that the matter is amicably settled between the parties. The learned counsel for the informant has not controverted the above submissions.

ABA 557/25 & Anr.

2

4] There are civil disputes pending between the parties and the said dispute resulted into alleged crime. In view of above submissions, it appears that the matter is also amicably settled between the parties. The informant has suffered fracture injuries to arm and there is also injury on head and the fracture injury is serious. The applicants in Bail Application Nos.1953/2024 and 2015/2024 are in jail from 22.09.2024. In view of the same, all the applications are allowed in the following terms :”

The learned counsel for the applicants submits that parties have settled the dispute and they have also applied for quashing of the matter before this Court and notices were also issued in that matter.

Considering this aspect of the matter and the reasons noted in the order dated 3.12.2025 quoted above, anticipatory bail can be granted to the applicants in the present applications.

In view of the above, the applications are allowed on the following terms :

i] In the event the applicants in both applications are arrested in connection with Crime No. 851/2024 dated 21.9.2024 registered with Newasa Police Station, District Ahmednagar for the offences punishable under sections 189(2), 191(2), 191(3), 190, 109, 118(2), 118(1), 115(2), 352 and 351(2) of B.N.S., 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount.

ii] The applicants shall attend the police station as and when required.

iii] The applicants shall not tamper with the evidence of the prosecution in any manner.

iv] The applicant shall co-operate with the investigation and also in

ABA 557/25 & Anr.

3

the proceedings before the trial Court.

In the event, the applicants violate any of the conditions specified in

this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited

to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The applications stand disposed of.

[ARUN R. PEDNEKER, J.]

SSC/