IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 719 OF 2026 Dnyaneshwar Kashinath Gadade And Others VERSUS The State Of Maharashtra And Another WITH CRIMINAL APPLICATION NO. 1916 OF 2026 Jitendra Khandu Bankar VERSUS Dnyaneshwar Kashinath Gadade And Others Mr. V. D. Hon, Senior Advocate h/f Mr. S. B. Solanke, Advocate for applicants Mr. S. G. Joshi, APP for respondent-State Mr. A. S. Kakade, Advocate for informant CORAM : R. M. JOSHI, J. DATE : 07th JULY, 2026 PER COURT :- 1. Applicants seek bail in connection with Crime No. 0142 of 2026 registered with Ashti Police Station, Dist. Beed, for the offences punishable under Sections, 140, 140(3), 118(1), 118(2), 119(1), 115(2), 352, 351(2), 324(2), 189(2), 191(2) of the Bhartiya Nyaya Sanhita, 2023. 2. In short, it is a case of prosecution that an incident had occurred on 28.03.2026 in which owing to the previous dispute over the laying of pipeline in front of the hotel of the informant. Informant was 951-ABA-719-2026.odt 1 of 4 2026:BHC-AUG:26523 assaulted by the present applicants and co-accused with wooden sticks and iron road. Allegation against them that he was abducted and assaulted in front of the sugar factory. 3. Learned Senior Counsel appear on behalf of the applicants submits that the applicants had obtained due permission from Tahsildar, Ashti for laying down pipeline; however, informant oppose the same. It is his submission that even if statements of the informant are accepted to be true, the offence cannot be triable beyond being punishable under Section 118(1) of the Bhartiya Nyaya Sanhita. He drew attention of the Court to the communication dated 16.04.2026 whereby the offence punishable under Section 118(2) of the Bhartiya Nyaya Sanhita was revoked. He drew attention of the Court to the order passed by the Sessions Court indicating that there is recovery of all weapons, as such, there is no recovery to be made at the instance of the applicant. He further submits that applicants have no criminal history behind them. 4. Learned APP and Learned Counsel for the informant opposes grant of any protection to the applicants. It it their contention that one of the applicant is Personal Assistant of Ex-M.L.A. It is further argued that since the informant was abducted and taken in the vehicle to the sugar factory to the recovery of the said vehicle so also recovery of the money snatched from the applicants, custodial interrogation of the applicants 951-ABA-719-2026.odt 2 of 4 would be necessary. 5. Prima facie, perusal of the record indicates that there are dispute between the parties on the issue of laying of the pipeline. Even if allegations made in the First Information Report are accepted to be true, as rightly argued on behalf of learned Senior Counsel that the offence against applicants cannot be triable beyond Section 118(1) of the Bhartiya Nyaya Sanhita. Furthermore, as observed by the Additional Sessions Judge in the order rejecting anticipatory bail, there is already recovery of weapons. In so far as recovery of the vehicle in which the informant was abducted in respect of laps of about three months from the occurrence of the incident, there is no statement recorded by the Investigating Agency indicating such abduction. Having regard to the afore stated facts, it would be appropriate to protect the liberty of the applicants and direct them to appear before Investigating Officer, in case investigation remains to have conducted. Hence the order :- ORDER (i) Application is allowed. (ii) In the event of arrest of applicants in connection with Crime No. 0142 of 2026 registered with Ashti Police Station, Dist. Beed, for the offences punishable under Sections, 140, 140(3), 118(1), 118(2), 119(1), 115(2), 352, 351(2), 324(2), 189(2), 191(2) of the Bhartiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) each with one 951-ABA-719-2026.odt 3 of 4 solvent surety in the like amount. (iii) They shall attend the concerned police station as and when called by the Investigating Officer with written intimation. (iv) They shall not contact the witnesses directly or indirectly. (v) They shall not interfere with the evidence in any manner whatsoever. (vi) They are further directed to cooperate the investigating agency for further investigation, remained if any. 6. Pending application, if any, stands disposed of. (R. M. JOSHI, J.) B. S. Joshi 951-ABA-719-2026.odt 4 of 4