916.WP-2164.26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2164 OF 2026 Gorakh Harishchandra Kamble … Applicant V/s. State of Maharashtra & Anr. …. Respondents ______________________ Mr. Akshay V. Shinde, for the Applicant. Mr. Swapnil V. Walve, APP for the Respondent No.1-State. Ms. Pallavi Balpande, PSI attached to Loohegaon Police Station, Pune City. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 11 SEPTEMBER 2026 P. C. :- 1. Heard Mr. Shinde, learned Counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre- arrest bail in connection with C.R. No. 113 of 2026 registered with Vimantal Police Station, Pune City for the offences punishable under Sections 3 and 25 of the Arms Act, 1959, Section 37(1) and 135 of Maharashtra Police Act, 1951 and 352, 351(2), 308(5), Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.09.11 21:49:54 +0530 916.WP-2164.26.DOC 3(5), 204, 140(2), 127(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023. 3. It is the submission of the learned counsel appearing for the Applicant that Applicant is not named in the FIR. There is no material whatsoever against the Applicant. He submits that Applicant is not involved in the crime and Applicant will cooperate with the investigation. He submits that there is one antecedent against the Applicant, which is of the year 2012, being C.R. No. 90 of 2012, registered with Wai Police Station. He further submits that there were total 6 accused. Accused Nos.1 to 4 were arrested and granted regular bail. Accused No.5 has been granted Anticipatory Bail. He submits that the Applicant is seeking parity with Accused No.5. 4. On the other hand, the learned APP submitted that the Applicant is involved in the crime. The co-accused i.e., Accused Nos.3 and 4, has specifically mentioned the role of the Applicant. He submits that the Applicant has one antecedent, being C.R. No.90 of 2012, registered with Wai Police Station. Therefore, the Anticipatory Bail Application be rejected. 5. The prosecution case is set out in order dated 28 May 2026 Page 2 PPN 916.WP-2164.26.DOC passed by the learned Additional Sessions Judge, Pune in Criminal Bail Application No.2057 of 2026 filed by co-accused i.e., Accused No.5, in paragraph no.2, which reads as under :- “2] The case of the prosecution in short, is that, on 23/02/2026, when the complainant was at his flat, some unknown persons who represented themselves as police officers, forcibly entered into his house and started abusing and assaulting him. They abducted him behind Shrusti Hotel, near D. Y. Patil chowk, Lohgaon, Pune in a white color Maruti Suzuki four-wheeler. At that time, co-accused Kiran Unawane and other persons forced him to sit in grey four- wheeler. In the said car, under the pretext of revolver, they threatened the complainant and went to the residential house of the co-accused Kiran Unawane at Ahilyanagar. There, co-accused Kiran Unawane, her husband and other persons started abusing and assaulting the complainant and demanded Rs. 77 lacs from him. Thereafter, they dropped him to main road and he came to Pune bus stop. With these allegations, the FIR came to be lodged.” 6. Perusal of the record shows that the Applicant has not been named in the FIR and no role is attributed to the Applicant. His name is stated in the statements recorded during investigation of Accused Nos.3 and 4. 7. Although it is the contention of the learned counsel appearing for the Applicant that statement of any accused cannot be recorded by the investigating machinery, assuming that such statement can be recorded, even on perusal of the statements of Accused Nos.3 and 4, no overt act is attributed on the part of the Applicant. Only his presence is recorded. Although there is Page 3 PPN 916.WP-2164.26.DOC antecedent, the same is of the year 2012. Accordingly, the case is made out for grant of anticipatory bail by imposing following conditions :- O R D E R (a) In the event of arrest of the Applicant in connection with C.R. No.113 of 2026 registered with the Vimantal Police Station, Pune City, the Applicant is directed to be released on bail on furnishing P.R. 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 on 28th and 29th September 2026 between 11.00 am to 2.00 pm. and thereafter, as and when necessary. (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 Page 4 PPN 916.WP-2164.26.DOC 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 Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. 8. The observations made in this order are only for the purpose for considering the anticipatory bail application. 9. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 5 PPN