905-ABA-2321-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2321 OF 2026 Harish Bhim Singh …Applicant Versus The State of Maharashtra …Respondent Mr. Milind Deshmukh a/w. Mr. Shreeniwas Magar, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 9th SEPTEMBER 2026 PC:- 1. Heard Mr. Deshmukh, learned Counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail in connection with C.R. No.64 of 2026 registered with Kamshet Takve Police Station, Pune Rural, Pune, for the offences punishable under Sections 287, 303(2) and 62 of the Bharatiya Nyaya Page 1 Sonali 905-ABA-2321-2026.DOC Sanhita, 2023 (“BNS”)and Sections 3 and 7 of the Essential Commodities Act, 1955. 3. As per the prosecution case, a huge quantity of inflammable material was stored in a godown by the Applicant. Approximately 61 plastic cans and 31 barrels were found. It was found that the said plastic cans and barrels contain chemicals and oil. 4. It is the submission of Mr. Deshmukh, learned Counsel appearing for the Applicant that the Applicant is not involved in the crime and only on the basis of the statements of one co- accused-Mohammad Kitabullah Khan, who is the driver and Amol Ashok Gaikhe, who is the owner of the said godown, the Applicant is implicated in the crime. However, he submits that except these statements, there is nothing on record to indicate that the Applicant is connected with the crime. He submits that even if statement dated 14th April 2026 (Page 106 of the Anticipatory Bail Application) of the owner-Amol Ashok Gaikhe is seen, then also it is clear that the Applicant was a tenant of the said godown about one year back. He submits that although there are five antecedents against the Applicant, out of which, in four cases, the Applicant has Page 2 Sonali 905-ABA-2321-2026.DOC been released on anticipatory bail and one case is under Section 103 of the BNS. He submits that the material on record clearly shows that the Applicant is not at all involved in the said crime. 5. On the other hand, Mr. Walve, learned APP strongly opposes the Anticipatory Bail Application. He submits that the statement of the owner namely Amol Ashok Gaikhe shows that when the incident took place, the Applicant was the tenant. 6. Perusal of the record shows that the co-accused Mohammad Kitabullah Khan, who is the driver and also looking after the said godown has clearly stated that the said material namely chemicals and oil are belonging to the present Applicant. The statement of Amol Ashok Gaikhe, who is the owner of the said godown shows that about one year back, he has given the said godown on rent to the Applicant. The Applicant has paid the rent for a period of five months and thereafter, the rent has not been paid. However, the said statement clearly shows that when the incident took place, the Applicant was still in the possession of the said godown. In the said godown 61 plastics cans and 31 barrels were found containing chemicals and oil. Page 3 Sonali 905-ABA-2321-2026.DOC 7. Thus, prima facie material is against the Applicant. 8. Accordingly, no case is made out for grant of anticipatory bail. 9. The Anticipatory Bail Application is dismissed. [MADHAV J. JAMDAR, J.] Page 4 Sonali