916-ABA-2301-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2301 OF 2026 Omkar Manohar Bowlekar …Applicant Versus The State of Maharashtra …Respondent Adv. Vivek B. Rane, for the Applicant. Ms. Poonam P. Bhosale, A.P. P., for the Respondent – State. PSI Ankush Patil, Kalwa Police Station, Thane is present. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 1ST SEPTEMBER 2026 P.C:- 1. Heard learned counsel for applicant as well as learned APP for respondent – State. 2. The applicant has filed instant application under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with Crime No. 323 of 2026 dated 10.06.2023, registered with Kalwa Police Station, Thane, for the offence punishable under Sections 305 read with Section 3(5) of The Bharatiya Nyaya Sanhita, 2023. 3. The FIR is registered on the basis of a report lodged by complainant alleging that during the period from 20.04.2025 to 1st September 2026 916-ABA-2301-2026.ODT 10.05.2025 when the accused persons had visited complainant’s house (accused no.1 being niece of informant’s wife), there was a theft of 22 grams Gold necklace from their house. On the basis of these allegations, FIR is registered against two accused persons including this applicant who is arraigned as accused no.2. 4. Learned counsel for applicant submits that, the FIR is registered after unexplained delay of about one year. The allegation about theft is only on account of suspicion. There is no material to show that this applicant is involved in the offence. Apart from this, he states that the applicant has never given any confession and the allegations in that regard are also false. He also states that the accused no.1 has been granted anticipatory bail by Sessions Court by order dated 08.07.2026 in Criminal Bail Application No. 1079 of 2026. He also states that there are no criminal antecedents against this applicant and in accordance with the interim order dated 17th August 2026, this applicant has attended police station and extended co- operation. 1st September 2026 916-ABA-2301-2026.ODT 5. As against this, learned APP for respondent – State opposed the application and submitted that the complainant has made specific allegations in the report that the applicant has confessed the offence. It is also submitted that although a direction was given to extend co-operation, the applicant has not co-operated investigation even though had attended the police station . 6. Perused the FIR and the documents placed on record. At this stage, it appears that the offence is registered on the basis of suspicion. The contentions about confession if any, are the subject matter of investigation. Considering the allegations in the FIR, it is clear that the investigation can be carried out without insisting for custody of this applicant. Further, it has to be noted that the anticipatory bail is also granted to accused no.1 Karishma Omkar Bowlekar. Further considering the fact that, this applicant has attended the Police Station in accordance with the interim protection granted by this Court, the same needs to be confirmed, subject to certain conditions. 1st September 2026 916-ABA-2301-2026.ODT 7. Hence, I pass following order :- ORDER (i) The Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in Crime No. 323 of 2026, registered with Kalwa Police Station, Thane, for the offence punishable under Sections 305 read with Section 3(5) of The Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only), with one solvent surety of the like amount. (iii) The applicant is directed to attend the police station as and when called upon by the investigating agency, till filing of the chargesheet. (iv) The applicants shall not pressurize the prosecution witnesses, in any manner. (v) Breach of any of these conditions, shall be a ground for cancellation of the bail. 8. Anticipatory Bail Application is disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 1st September 2026