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2026 DAILYLAW 8757 (BOM)

LAVESH SHANKAR NAKATE v. THE STATE OF MAHARASHTRA

ABA/1705/2026 · 2026-09-17

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Judgment text

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923-aba1705-26.doc vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1705 OF 2026 Lavesh Shankar Nikate ...Applicant V/s. State of Maharashtra ...Respondent Ms.Snehal Thorat for the Applicant. Mr.Bapu V. Holambe Patil, APP for the Respondent – State. Ms.Pooja Gagare, PSI, Marine Drive Police Station, Mumbai is present in Court. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 17TH SEPTEMBER , 2026. P.C. :- 1. Heard learned counsel for applicant as well as learned APP for respondent. 2. The applicant has filed the instant application seeking pre- arrest bail in connection with FIR No.91 of 2026 for the offence punishable under Sections 319, 336, 337, 339, 340, 204 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The FIR came to be registered on the basis of the report lodged by the Security Officer of the Maharashtra Legislative Assembly alleging that a blank entry pass came to be issued in favour of one 1/3 VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2026.09.17 19:09:30 +0530 923-aba1705-26.doc Mr.Dattatraya Gunjal and the accused persons have facilitated to supply the blank pass to the said person. This applicant who was working as peon is arraigned as accused along with several other persons. 4. Learned counsel for applicant submits that the applicant was working as Peon in Maharashtra Vidhan Bhawan and had no authority to issue any kind of pass to anybody. He submits that the only role attributed to this applicant is handling the blank pass, which was ultimately used by the said person. 5. Learned counsel for applicant submits that the applicant has already expressed readiness to join in the investigation and accordingly, in accordance with the interim protection order dated 3rd July, 2026, he has attended the Police Station. Learned counsel for applicant submits that the other accused have been released on regular bail and therefore the custody of this applicant is not necessary. 6. The application is opposed by the learned APP by submitting that the applicant has played some role in the offence of issuing blank passes as stated in the FIR. However, there is no dispute that the applicant is presently working as Peon and he has attended the Police Station in accordance with the interim protection order. 7. Having perused the FIR and the documents placed on record, it has to be noted that the applicant is working as Peon in Maharashtra Vidhan Bhawan, Mumbai. Undisputedly the applicant 2/3 923-aba1705-26.doc had no authority to issue any kind of entry passes. Considering the fact that the applicant has attended the Police Station and has also extended co-operation in the investigation by attending the Police Station as per interim protection order dated 3rd July, 2026, the instant application needs to be allowed subject to certain conditions. 8. Hence I pass the following order :- O R D E R : a). The anticipatory bail application is allowed. b). In the event of arrest of the applicant in Crime No. 91 of 2026 for the offence punishable under Sections 319, 336, 337, 339, 340, 204 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), he be released on bail on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount. c). The applicant shall extend co-operation during the investigation and trial. d). The applicant shall attend the Investigating Agency as and when called upon. 9. The application is allowed in above terms. (PRAFULLA S. KHUBALKAR, J.) 3/3