Ashok Balasaheb Chole vs the State of Maharashtra and Another — Bombay HC (2026) — LawSathi Research

Ashok Balasaheb Chole vs the State of Maharashtra and Another — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail protection granted to both Applicants: upon arrest in Crime No.20/2026, release on P.R. bond of Rs.50,000/- each with two solvent sureties, subject to police-station reporting on specified dates till filing of charge-sheet, exclusion from Taluka Dharur, District Beed (except police visits), non-tampering/non-influence undertakings, and submission of Aadhaar/PAN and contact details; any single violation entitles the prosecution to seek cancellation of bail.

Issue for consideration

Whether the Applicants, facing arrest in Crime No.20/2026 (Dharur Police Station, District Beed) for offences under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be granted anticipatory bail despite the prosecution's opposition. +1 more

Court's answer

Perusal of the investigation papers prima facie discloses investigative lapses: the Investigating Officer made no attempt to record the victim Dadasaheb's statement after his claimed release on 09.02.2026; it was recorded only on 12.02.2026, after the co-accused had already been released on bail (by the Sessions Judge on 10.02.2026 observing the non-recording, and similarly by the JMFC, Dharur), and the Samarth Hospital treatment certificate bears no date establishing immediate hospitalisation after release.

Ratio / Principle

The Court's observations on the investigation papers are prima facie only, made for the purpose of deciding the anticipatory bail applications, and are expressly stated not to influence the trial Court.

Key takeaways

Taking into account the absence of criminal antecedents, the Applicants' readiness to abide by any conditions, and that Applicant/Ashok is a student with examinations scheduled from 24.04.2026, the Court is inclined to extend protection in exercise of its discretionary powers under Section 482 BNS.ratio¶¶28
The learned APP's apprehension (that release may lead to threatening the complainant and influencing witnesses) can be taken care of by imposing stringent conditions.ratio¶¶30
In the event of arrest, the Applicants are to be released on bail on a P.R. bond of Rs.50,000/- each with two solvent sureties in the like amount, subject to conditions: attendance at Dharur Police Station on 28th, 29th April 2026 and 5th, 6th, 12th, 13th May 2026 (05:00 pm to 07:00 pm) and thereafter as called till charge-sheet; abstention from entering Taluka Dharur, District Beed till charge-sheet (except for police-station attendance); no tampering with evidence or influencing witnesses; submission of Aadhaar/PAN cards and addresses/phone numbers of self and two near relatives; a single violation entitles the prosecution to seek cancellation of bail.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH (Mehroz K. Pathan, J.) — 23 April 2026 — Anticipatory Bail Applications Nos. 504 and 521 of 2026 (Ashok Balasaheb Chole and Sandesh Rambhau Dhumal v. State of Maharashtra) — Anticipatory bail GRANTED under Section 482 BNS. Applicants, whose names allegedly surfaced in statements of arrested co-accused (Manoj Gholve and Ramesh Munde), faced arrest in Crime No.20/2026, Dharur Police Station, District Beed, under Sections 140(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (abduction of Dadasaheb Sham Bade, suspectedly linked to a Dr. Babasaheb Ambedkar Sugar Factory advance dispute: Rs.36,00,000 advanced, Rs.18,30,000 refunded, Rs.17,70,000 unpaid). Perusing investigation papers, the Court prima facie noted investigative lapses — the victim's statement was recorded only on 12.02.2026, after co-accused had been released on bail (Sessions Judge order dt. 10.02.2026 expressly citing non-recording; similar observations by JMFC, Dharur), and the Samarth Hospital treatment certificate bore no date evidencing immediate post-release hospitalisation — expressly qualifying such observations as non-influential on the trial Court. Weighing the Applicants' clean antecedents, willingness to accept conditions, and Applicant Ashok's Pharmacy examinations commencing 24.04.2026, and holding that stringent conditions would neutralise the prosecution's apprehension of witness tampering, the Court ordered that, in the event of arrest, the Applicants be released on P.R. bond of Rs.50,000/- each with two solvent sureties, subject to: reporting at Dharur PS on 28–29 April and 5–6, 12–13 May 2026 (5–7 pm) and thereafter as called till charge-sheet; exclusion from Taluka Dharur, District Beed till charge-sheet; no tampering/influencing witnesses; Aadhaar/PAN and contact particulars of self and two near relatives; and entitlement of the prosecution to seek cancellation on any single violation. Both applications allowed and disposed of.