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2025 DAILYLAW 1875 (BOM)

BIRU ALIAS BIRAPPA DNYANESHWAR THORBOLE AND ORS. v. THE STATE OF MAHARASHTRA

ABA/2492/2025 · 2026-06-22

Shri Mehroz Ashraf Khan Pathan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 30-ABA-2492-2025 (CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2492 OF 2025 1. Biru Alias Birappa Dnyaneshwar Thorbole 2. Laxman Kondiba Goykar 3. Uttam Sakharam Goykar 4. Shankar Sakharam Goykar 5. Maruti Sakharam Goykar ...Applicants Versus The State Of Maharashtra ...Respondent ----- Mr. Pratik Prakash Jadhav (Through VC), for Applicants. Mr. Nitin B. Patil, APP, for the Respondent-State. ----- CORAM : MEHROZ K. PATHAN, J. DATE : 22nd JUNE, 2026. P.C. 1. Heard learned counsel for the Applicants and learned APP for the Respondent-State. 2. The Applicants have approached this Court seeking anticipatory bail in connection with Crime No.193 of 2024 registered with Jath Police Station, District: Sangli, for the offences punishable under Sections, 327, 365, 324, 323, 342, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code, 1860 (for short, “IPC”) and Section 135 of the Maharashtra Police Act. 3. The prosecution case is that, complainant – Valmik K. Dombale was sleeping in front of his house, when the Applicants Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.06.24 14:34:25 +0530 2 30-ABA-2492-2025 (CR).DOC allegedly came there on a motorcycle and kidnapped him. It is further alleged that they tied him to a tree, and assaulted him with iron rod, stick and belt and also snatched his mobile phone. Hence, the complainant has lodged the F.I.R. against the present Applicants. 4. Learned counsel Mr. Pratik Jadhav appearing for the Applicants submits that Applicants are falsely implicated in the present crime. The present F.I.R. bearing No.193 of 2024 is a counterblast to the earlier F.I.R. bearing No.165 of 2024 dated 22/03/2024 filed by Accused No.9 – Sakshi Goykar against the present complainant - Valmik K. Dombale, in resepct of incident dated 21/03/2024. It is submitted that all the Applicant Nos.1 to 5 have been deliberately roped in only with an intention to wreak vengeance against the entire family members. It is further submitted that the complainant - Valmiki K. Dombale was also medically examined and the injuries sustained by him are simple in nature. Thus, despite the exaggerated allegations made in the F.I.R., only simple injuries have been recorded by the medical officer. The Applicants are not having any criminal antecedents and are ready to abide by any conditions that may be imposed of by this Court. The Applicants have complied conditions imposed by this Court while granting interim protection vide order dated 15/05/2026. Hence, the Applicants may be protected by confirming the interim order. Shantanu S. Dhudum 3 30-ABA-2492-2025 (CR).DOC 5. As against this, the learned APP strongly opposes the bail application on the ground that there are serious allegations against the Applicants of kidnapping the complainant with an intention to cause grievous hurt. It is submitted that the Applicants, in fact, assaulted the complainant by means of dangerous weapons. The assault is serious in nature and is punishable with life imprisonment. Though there is a counter F.I.R., taking into consideration, the nature of the allegations in the present F.I.R. the custodial interrogation of the Applicants is necessary. This is not a fit case for grant of anticipatory bail and the application may be rejected. 6. I have gone through the investigations papers made available by the learned APP. The F.I.R. shows that there is a delay of about 17 days in lodging the F.I.R. In respect of the incident dated 21/03/2024, the F.I.R. came to be lodged on 07/04/2024. The injury certificate shows that the complainant - Valmik has sustained only simple injuries. Thus, prima facie, there appears to be no explanation by the complainant for delay in lodging the F.I.R. after the incident. The submissions that the present F.I.R. is an outcome of a counterblast to the earlier F.I.R. lodged by Accused No.9 – Sakshi appears to be probable. Be that as it may, these are observations are prima facie in nature. Further, taking into consideration that this Court has already protected the Applicants vide order dated Shantanu S. Dhudum 4 30-ABA-2492-2025 (CR).DOC 15/05/2026, there are no allegations that the Applicants have violated any of the conditions. The investigation papers also does not contain the statement of the Chandabai Maruti Goykar, who is stated to be a witness to the incident of kidnapping and assault. The investigation papers also shows that the recoveries were effected while the Applicants were attending the police station pursuant to the interim protection granted by this Court. Hence, the following order:- ORDER i. The application is allowed. ii. The interim protection granted vide order dated 15/5/2026, is hereby confirmed. iii. The Applicants shall attend the concerned police station as and when called by the investigating officer. iv. The Applicants shall submit their Aadhar Card and PAN Card copy to the Investigating Officer and detailed addresses and phone numbers of themselves and two of the near relatives. 7. In view of the aforesaid terms and conditions, the application is allowed and disposed of. ( MEHROZ K. PATHAN, J.) Shantanu S. Dhudum