Shakti S/O Sheshrao Kanake vs the State of Maharashtra Thr Pso, Ps Pandharkawada, Dist. Yavatmal — Bombay HC (2025) — LawSathi Research

Shakti S/O Sheshrao Kanake vs the State of Maharashtra Thr Pso, Ps Pandharkawada, Dist. Yavatmal — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Ad interim anticipatory bail granted: in the event of arrest in Crime No.806/2025 the applicant is to be released on a P.R. Bond of Rs. 25,000 with one surety in the like amount, subject to conditions that he shall not tamper with prosecution evidence nor pressurize or threaten prosecution witnesses; the interim protection operates only till the next date of hearing (notice to the non-applicant was made returnable on 28.11.2025).

Issue for consideration

Whether the applicant, who is apprehending arrest in Crime No.806/2025 at Police Station Pandharkawada for offences punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, should be granted anticipatory bail / interim protection against arrest.

Court's answer

Considering the allegations made against the applicant and the fact that the F.I.R. was lodged after 8 months, the applicant is protected by grant of ad interim anticipatory bail.

Ratio / Principle

In the event of arrest of the applicant in connection with Crime No.806/2025 (Sections 308(2), 308(3) and 3(5), Bhartiya Nyaya Sanhita, 2023), he shall be released on bail on furnishing a P.R. Bond of Rs. 25,000 with one surety in the like amount.

Key takeaways

Condition of the interim protection: the applicant shall not in any way tamper with the prosecution evidence.ratio¶7(ii)
Condition of the interim protection: the applicant shall not pressurize or threaten the prosecution witnesses.ratio¶7(iii)
The interim protection shall remain in force only till the next date of hearing.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Vrushali V. Joshi, J.), 13.11.2025, Criminal Application (ABA) No.852/2025 — Shakti s/o Sheshrao Kanake v. State of Maharashtra (through P.S.O., P.S. Pandharkawada, Dist. Yavatmal): Ad interim anticipatory bail granted. The applicant apprehended arrest in Crime No.806/2025 for offences punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, on allegations that he, other co-accused and a police official (Sandip Mupidwar) threatened and extorted cattle-transporters moving to Telangana — Rs.2,000/- per vehicle initially, thereafter Rs.4,000/- per vehicle, Rs.40,000/- transferred to one accused's account and further sums 'in lacks' between January and May 2025. Weighing the allegations and the eight-month delay in lodging the F.I.R. (counsel having pointed to the apparent business-transaction character of the dealings), the Court granted ad interim anticipatory bail: release on a P.R. Bond of Rs. 25,000 with one surety of the like amount upon arrest, on conditions of not tampering with prosecution evidence and not pressurizing or threatening prosecution witnesses; interim protection confined to the next date of hearing (notice returnable 28.11.2025). The trial Court had earlier granted interim protection and then rejected the application.

1 aba852.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO.852/2025

(Shakti S/o Sheshrao Kanake Vs. The State of Maharashtra, through Police Station Officer, Police Station Pandharkawada, District Yavatmal)

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

Mr. A.S. Ambatkar, Advocate for the applicant.

CORAM: MRS.VRUSHALI V. JOSHI, J. DATED: 13.11.2025.

Heard.

Issue notice to the non-applicant, returnable on 28.11.2025.

Mr. V.A. Thakare, learned A.P.P. waives notice for the non-applicant/State.

The applicant is apprehending arrest in Crime No.806/2025 for the offence punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

It is alleged that the applicant and the other co-accused along with Sandip Mupidwar who is police official have been threatening the complainant and their colleagues and thereby extorted amount of Rs.2,000/- per vehicle initially and thereafter Rs.4,000/- per vehicle to pass their vehicles containing cattle to Telangana State. It is alleged that they gave threats to destroy their vehicles if the amount is not given. The complainant has transferred amount of Rs.40,000/- in the account of one of the accused. The complainant and his colleagues being threatened they have given amount in lacks by transferring the amount in the bank of the accused persons from the period of January 2025 to May 2025. On the basis of these allegations, above said crime

2 aba852.2025.odt

is registered.

Learned counsel for the applicant has stated that thought the allegations are made that since January 2025 the offence took place, crime is registered after 8 months. From the F.I.R. it appears that it is the business transaction and not extortion. The trial Court had granted interim protection and thereafter rejected the application.

Considering the allegations made against the applicant and after 8 months the F.I.R. was lodged the applicant is protected by granting ad interim anticipatory bail.

i) It is directed that in the event of arrest of the applicant- Shakti S/o Sheshrao Kanake, registered with Police Station Pandharkawada, District Yavatmal, in connection Crime No.806/2025 for the offence punishable under Sections 308(2), 308(3) and 3(5) of the Bhartiya Nyaya Sanhita,2023 the applicant shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one surety in the like amount.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

This interim protection shall remain in force till the next date of hearing.

(MRS.VRUSHALI V.JOSHI, J.)

3 aba852.2025.odt

Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 13/11/2025 18:30:54