Yogesh Shankar Gadapwar Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Yogesh Shankar Gadapwar Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted. In the event of arrest in Crime No.0206 of 2024, the applicant is to be released on a PR bond of Rs. 20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court; he shall attend the concerned police station from 27.01.2025 to 29.01.2025 between 10.30 a.m. to 1.30 p.m.; he shall not tamper with prosecution evidence nor influence the informant, witnesses or other persons concerned; he shall co-operate with the investigation and trial proceedings; violation of any condition renders the bail liable to cancellation.

Issue for consideration

Whether the applicant, who is apprehending arrest in connection with Crime No.0206 of 2024 registered at Kondalwadi Police Station, Tq. Biloli, District Nanded, for offences punishable under the cited sections of the Bharatiya Nyaya Sanhita, 2023, should be granted anticipatory bail. +1 more

Court's answer

Anticipatory bail is granted to the applicant in respect of Crime No.0206 of 2024; in the event of arrest he is to be released on furnishing a PR bond of Rs. 20,000/- with one or two sureties in the like amount, subject to the conditions imposed in the order.

Ratio / Principle

Prima facie, the allegation that the applicant snatched the informant's mobile phone appears exaggerated, as the phone is said to contain no SIM card; on this view the claimed need for custody to recover the phone did not stand in the way of granting bail.

Key takeaways

The observations made in the order are expressly limited to the disposal of the present anticipatory bail application, and the trial Court is to proceed further in the matter without being influenced by them.obiter¶26

Detailed headnote1 paragraphs

Anticipatory bail granted to Yogesh Shankar Gadapwar, apprehending arrest in Crime No.0206 of 2024 (Kondalwadi Police Station, Tq. Biloli, Dist. Nanded) for offences under sections 118(2), 119(1), 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023. The allegation was a scuffle with the informant and snatching of his mobile phone worth Rs. 42,000/-. Against the learned APP's submission that custody was needed to recover the phone, the Court held prima facie that the snatching appeared exaggerated since the phone allegedly contained no SIM card. Bail granted on a PR bond of Rs. 20,000/- with one or two sureties, attendance at the police station from 27.01.2025 to 29.01.2025 (10.30 a.m. to 1.30 p.m.), and conditions against tampering with evidence and non-cooperation; breach liable to cancellation. Observations expressly confined to disposal of this anticipatory bail application.

2025:BHC-AUG:1810

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

921 ANTICIPATORY BAIL APPLICATION NO. 59 OF 2025

YOGESH SHANKAR GADAPWAR VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Taur Mahesh S. APP for Respondent-State : Ms. Neha B. Kamble

CORAM : ARUN R. PEDNEKER, J. DATE : 22.01.2025

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0206 of 2024, registered at Kondalwadi Police Station, Tq. Biloli, District Nanded, for the offences punishable under sections 118(2), 119(1), 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023.

3] The allegation against the applicant is that there was some scuffle between the applicant and informant and that the applicant has snatched his mobile phone of Rs. 42,000/-.

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3] The learned APP submits that the custody of the applicant is required to recover the mobile phone. She further submits that if the Court is inclined to grant interim relief to the applicant, the applicant may be directed to remain present in the Police Station.

4] Prima facie, it appears that the snatching of mobile phone looks exaggerated as the phone does not contain sim-card. Generally, mobile phone would in possession of the complainant should have a sim-card.

5] In view of above submission, the applicant is granted anticipatory bail on the following terms :

i] In the event the applicant is arrested in connection with Crime No.0206 of 2024, registered at Kondalwadi Police Station, Tq. Biloli, District Nanded, for the offences punishable under sections 118(2), 119(1), 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs. 20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the concerned police station from 27.01.2025 to 29.01.2025 between 10.30 a.m. to 1.30 p.m.

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iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

PRW