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2026 DAILYLAW 9084 (BOM)

ANIL BAPU ITHAPE v. THE STATE OF MAHARASHTRA

ABA/2446/2026 · 2026-09-18

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Judgment text

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37-ABA-2446-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2446 OF 2026 Anil Bapu Ithape …Applicant Versus The State of Maharashtra …Respondent Mr. Prasanna Kishor Shahane h/f. Mr. Milind Deshmukh, for the Applicant. Mr. S. V. Walve, APP, for the Respondent-State. Mr. B. B. Thikole, PSI, attached to Yavat Police Station, Pune, present. CORAM: MADHAV J. JAMDAR, J. DATED : 18th SEPTEMBER 2026 PC:- 1. Heard Mr. Shahane, 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.761 of 2026 registered with Yavat Police Station, Pune Rural, Pune, for the offences punishable under Page 1 Sonali 37-ABA-2446-2026.DOC Sections 119(1), 333, 115(2), 189(2), 191(2), 190, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”). 3. The prosecution case is set out in paragraph No.3 of the order dated 17th August 2026 passed by the learned Additional Sessions Judge, Baramati, Pune, in Criminal Bail Application No.646 of 2026, which reads as under: “3] It is the case of prosecution that on dt. 29.07.2026 at about 11.00 a.m. accused Rekha, Kavita, Anil and 5 unknown persons came to the house of informant. Thereafter, accused Rekha and Kavita demanded original documents of the land. At that time, informant showed her ignorance regarding the possession of those documents. Thereafter, accused Kavita and Rekha physically assaulted the informant by fist and kick blows. Moreover, other unknown women also jostled with the informant and threatened to kill her. Thereafter, accused Kavita snatched the golden ornaments of the informant. Moreover, accused Anil outraged the modesty of the informant. Thus, informant started screaming. At that time, informant's relative viz. Tejal came out of her house. Thereafter, all the accused threatened to kill the informant and her husband and went away from the spot of incident. Accordingly, informant lodged report about the said incident to Patas Police Outpost.” 4. It is the submission of Mr. Shahane, learned Counsel appearing for the Applicant that even as per the prosecution case, Page 2 Sonali 37-ABA-2446-2026.DOC the incident has taken place on a spur of moment and the injuries are simple in nature. He submits that the FIR is false, as there is prior FIR lodged against the husband of the First Informant bearing C.R. No.756 of 2026. 5. Perusal of the record shows that the incident has taken place on a spur of moment. In any case, the injuries are simple in nature. There are no other antecedents against the Applicant. 6. Accordingly, the case is made out for grant of Anticipatory Bail. In view thereof, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Anil Bapu Ithape in connection with C.R. No.761 of 2026 registered with the Yavat Police Station, Pune Rural, Pune, the Applicant is directed to be released on bail on his 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 29th September 2026 between 11:00 a.m. to 02:00 p.m. and shall cooperate with the Page 3 Sonali 37-ABA-2446-2026.DOC investigation. In addition, the Applicant shall attend the concerned Police Station once in a fifteen days on every first and third Sunday between 11:00 a.m. to 02:00 p.m. till filing of the chargesheet. (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 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. (f) The Applicant shall not leave India without prior permission of the Court. 7. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] Page 4 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.09.19 13:46:35 +0530