IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1633 OF 2026 Prafull Shravan Gaikwad VERSUS The State Of Maharashtra WITH CRIMINAL APPLICATION NO. 3567 OF 2026 IN ABA/1633/2026 Komal Haridas Garad (jadhav) VERSUS Prafull Shravan Gaikwad And Another Mr. S. A. Wakure, Advocate for applicant Mr. S. B. Jadhav, APP for respondent-State Mr. G. J. Kore, Advocate for informant CORAM : R. M. JOSHI, J. DATE : 15th SEPTEMBER, 2026 PER COURT :- 1. Learned Counsel for the applicant seeks pre-arrest bail in connection with crime No. 0493 of 2026 registered with Omerga Police Station, Dist. Dharashiv for the offences punishable under Sections 132, 74, 308(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. First Information Report is lodged by the Medical Superintendent claiming that on 20.07.2026, present applicant and co- accused came to the hospital and threatened the informant of complaining against her and demanded Rs. 5,00,000/-. There is 21-ABA-1633-2026.odt 1 of 4 2026:BHC-AUG:42311 allegation against co-accused Dnyaneshwar that he outraged her modesty by holding her hand. There is also statement to the effect that Fulsundar and Janabai having intimated to informant with regard to the applicant and co-accused having taken register from the cupboard and tried to take photographs of the same. 3. Learned Counsel for the applicant submits that applicant has lodged complaint and on the basis of his complaint, an inquiry was initiated. It is his submission that having regard to the said fact, question of any threat being given to the informant or demanding money does not arise. According to him, it is a case of false implication owing to the complaints made by applicant against informant. 4. Learned APP and learned Counsel for the informant opposed grant of any protection to the applicant. It is their contention that statement of informant is supported by the statement of witness indicating presence of the applicant along with co-accused at the spot and the threats and demand of money being made by them. It is also contended that statement against co-accused of outraging modesty of the informant is also supported by the statement of witness Bhosle. 5. Prima facie perusal of the record indicates that the present applicant has made complaint against Medical Superintendent about misappropriation allegedly committed in the Sub-District Hospital, 21-ABA-1633-2026.odt 2 of 4 Omerga. There is document on record suggesting inquiry being directed into the said complaint. In this backdrop, perusal of the First Information Report appears to be exaggerated. Though the First Information Report claims that Fulsundar and Janabai has made statement with regard to the applicant and co-accused having taken register from the cupboard and tried to take photographs of the same is not supported by their statements. Thus, the possibility of over implication exists. Moreover there is no allegation against present applicant that he outraged modesty of the informant, his liberty deserves to be protected. Appropriate direction to appear before Investigating Officer will meet purpose of investigation. ORDER (i) Application is allowed. (ii) In the event of arrest of applicant in connection with Crime No. 0493 of 2026 registered with Omerga Police Station, Dist. Dharashiv for the offences punishable under Sections 132, 74, 308(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. (iii) He shall attend the concerned police station on 23.09.2026 between 11:00 AM to 01:00 PM. (iv) He shall not contact the witnesses directly or indirectly. (v) He shall not interfere with the evidence in any manner whatsoever. 21-ABA-1633-2026.odt 3 of 4 (vi) He is further directed to cooperate the investigating agency for further investigation. 6. Pending application, if any, stands disposed of. (R. M. JOSHI, J.) B. S. Joshi 21-ABA-1633-2026.odt 4 of 4