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2026 DAILYLAW 19680 (BOM)

BALU GOPAL GAIKWAD v. STATE OF MAHARASHTRA

ABA/2263/2026 · 2026-10-14

body2026

Judgment text

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910-ABA-2263-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2263 OF 2026 Balu Gopal Gaikwad …Applicant Versus The State of Maharashtra & Anr. …Respondents Ms. Sana Raees Khan a/w Suraj Mulik, for the Applicant. Mr. P. P. Jadhav, APP, for the Respondent-State. Ms. Davinder Kaur Sabharwal, for Respondent No.2. Police Constable Rajendra Gopale, Lonavala City Police Station, Pune Rural, present. CORAM: MADHAV J. JAMDAR, J. DATED: 14 OCTOBER 2026 PC:- 1. Heard Ms. Khan, learned Counsel appearing for the Applicant, Mr. Jadhav, learned APP, for the Respondent-State of Maharashtra and Ms. Sabharwal, learned Counsel appearing for Respondent No.2. 2. By this Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.135 of 2026 registered with Lonavala City Police Station, Pune Rural, for the offences punishable under Sections 69, 64(2) and 89 of the Bharatiya Nyaya Sanhita, 2023. Page 1 Arjun 910-ABA-2263-2026.DOC 3. Ms. Khan, learned Counsel for the Applicant, submits that the relationship between the Applicant and the First Informant was consensual. She submits that the Charge-sheet has also been filed and the Applicant has cooperated with the investigation. She further submits that there are no other criminal antecedents against the Applicant. 4. On the other hand, Ms. Sabharwal, learned Counsel for Respondent No.2 points out certain WhatsApp chats and submits that the Applicant is threatening the Respondent No.2. 5. Mr. Jadhav, learned APP, for the Respondent-State, strongly opposes the Application. 6. Perusal of the record shows that the relationship between the Applicant and the First Informant was consensual. There are no other criminal antecedents against the Applicant. The Charge-sheet has already been filed. The Applicant has been protected by this Court by Order dated 12th August 2026. 7. Accordingly, in the facts and circumstances, case is made out for grant of anticipatory bail. 8. However, as there is an apprehension expressed by the Page 2 Arjun 910-ABA-2263-2026.DOC Respondent No.2, stringent conditions are required to be imposed. In view thereof, the following Order is passed: O R D E R (a) In the event of arrest of Applicant - Balu Gopal Gaikwad in connection with CR No.135 of 2026 registered with Lonavala City Police Station, Pune Rural, the Applicant is directed to be released on bail on his furnishing PR Bond in the sum of Rs.30,000/- with one or two solvent sureties in the like amount. (b) The Applicant shall attend the concerned Police Station, once in 15 days i.e. on the first and the third Monday of each month between 11:00 am and 02:00 pm. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant 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 Page 3 Arjun 910-ABA-2263-2026.DOC such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. 9. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 4 Arjun