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2026 DAILYLAW 13792 (BOM)

NIKHIL SURESH KALE v. STATE OF MAHARASHTRA

ABA/2741/2026 · 2026-09-30

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Judgment text

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928 & 933.ABA-2697.26 & ANR..DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION (928)ANTICIPATORY BAIL APPLICATION NO. 2697 OF 2025 Akash Tukaram Ghatole & Ors. … Applicants V/s. State of Maharashtra …. Respondent WITH (933) ANTICIPATORY BAIL APPLICATION NO. 2741 OF 2026 Nikhil Suresh Kale … Applicant V/s. State of Maharashtra …. Respondent ______________________ Mr. Chetan Deshmukh a/w Mr. Rudra Tibhe, for the Applicants. Mr. Swapnil V. Walve, APP for the Respondent-State in ABA No.2697 of 2026. Ms. M.R. Tidke, APP for the Respondent-State in ABA No.2741 of 2026. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 30 SEPTEMBER 2026 P. C. :- 1. Heard Mr. Deshmukh, learned counsel appearing for the Applicants and Mr. Walve, learned APP appearing for the Respondent-State. 2. By these applications filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 the Applicants are seeking pre- Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.10.03 18:23:12 +0530 928 & 933.ABA-2697.26 & ANR..DOC arrest bail in connection with C.R. No.25 of 2026 registered with Nashik Road Police Station, Nashik City for the offences punishable under Sections 115(2), 308(4), 311, 351(2), 352 and 61(2) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case is set out in paragraph no.6 of the order dated 7 September 2026 passed by the learned Additional Sessions Judge, Nashik Road in Criminal Bail Application No.504 of 2026 which reads as under:- “6. As per FIR, on 16/01/2026 at around 06.30 pm at More Mala, Muncipal Councilor Sharad More's residence, Jail Road-Nashik, Yash Garud and Deepak Sadakale, out of anger over the defeat Pawan pawar's mother, in the elections, beat informant,s brother Sharad with kicks and punches. Yash Garud took the sharp- edged weapon, stuck in his waist and swung it in the air and gave him a blow. Accordingly, FIR was lodged for the offences punishable under aforesaid Sections.” 4. It is the submission of Mr. Deshmukh, learned counsel appearing for the Applicant that the dispute has taken place due to misunderstanding, on the issue of defeat of mother of co-accused- Pawan Kumar in election. He submits that thereafter the dispute between the First Informant is settled and in fact Criminal Writ Petition No.3337 of 2026 has been filed seeking quashing, wherein it is stated that the original complainant has voluntarily settled the Page 2 PPN 928 & 933.ABA-2697.26 & ANR..DOC matter and has categorically expressed her consent and has no objection for quashing of F.I.R. and consequential proceedings. 5. In any case, Mr. Deshmukh, learned counsel appearing for the Applicant submits that the Applicants are not involved the crime. 6. On the other hand, learned APP appearing for the Respondent-State strongly opposed the application. 7. Perusal of the record shows that the as some dispute was there during the election of the Municipal Counsellor, F.I.R. was lodged. Admittedly, Criminal Writ Petition No.3337 of 2026 has been filed seeking quashing of the F.I. R. as the First Informant has settled the matter and expressed her consent and has no objection for quashing of F.I.R. Thus, custodial interrogation is not necessary. 8. Accordingly, in the facts and circumstances, the case is made for a grant of anticipatory bail by imposing following conditions :- O R D E R (a) In the event of arrest of the Applicants in connection with C.R.No.25 of 2026 registered with Nashik Road Page 3 PPN 928 & 933.ABA-2697.26 & ANR..DOC Police Station, Nashik City, the Applicants are directed to be released on bail on furnishing P.R. Bond in the sum of Rs.30,000/- each with one or two solvent sureties each in the like amount. (b) The Applicants shall attend the concerned Police Station as and when necessary. (c) The Applicants shall furnish their cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. Page 4 PPN 928 & 933.ABA-2697.26 & ANR..DOC 9. The observations made in this order are only for the purpose of considering the Anticipatory Bail Applications and the learned Trial Court shall not be influenced by these observations. 10. Both the Anticipatory Bail Applications are disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 PPN