Bombay High Court
PANDURANG VITHAL VAIDYAversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- APPLICATION ALLOWED
- Bench
- MEHROZ K PATHAN
Holding
Anticipatory bail is granted with stringent conditions to the applicant.
Summary
Pandurang Vithal Vaidya, one of three accused in a FIR under Sections 105, 115(2), 189(2) and 191(2) of the Bharatiya Nyaya Sanhita, 2023, applied for anticipatory bail. The High Court had earlier imposed a condition that he attend the police station every Monday. The applicant complied and argued that the incident was a spontaneous quarrel without intent to cause hurt and that he has no prior criminal record. The State opposed bail, citing the seriousness of the offences. After reviewing the investigation, which was nearly complete and showed no intent or use of a dangerous weapon, the Court allowed the anticipatory bail, confirming the earlier condition and adding further requirements such as attending the police station on Mondays and Tuesdays, cooperating with the investigation, and not pressurising witnesses or tampering with evidence. Violation of these conditions would permit cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the accused under Sections 105, 115(2), 189(2) and 191(2) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the offences and the near‑completion of investigation.
- Whether imposing conditions such as regular police‑station attendance and non‑interference with witnesses is sufficient to safeguard the prosecution.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 115(2), 189(2), 191(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- investigation
- court conditions
- criminal procedure
Judgment
2026:BHC-AUG:1884
1
1049.25ABA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 ANTICIPATORY BAIL APPLN. NO. 1049 OF 2025
PANDURANG VITHAL VAIDYA
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER
...
Advocate for Applicant : Mr.A.R.Lukhe
APP for Respondent-State : Mr.R.K.Ingole
…
CORAM : MEHROZ K. PATHAN, J.
DATE : 17.01.2026
P.C. :
1] Heard the learned counsel for the applicant and
the learned APP for the respondent-State.
2] The proceedings relate to CR No.0210 of 2025
dated 22 April 2025 lodged at 19:23 hours by Ambad Police
Station, Jalna. The alleged offences are under Sections 105,
115 (2), 189 (2), 191 (2) of the Bharatiya Nyaya Sanhita,
2023 (“BNS”). The time and date of the alleged incident as
mentioned in the FIR is between 21 April 2025 and 22 April
2025, 10:30 hours. There are three accused persons, out of
which accused No.3 is the present Applicant. The informant
is one Namdev Demaji Dhole, age 44 years.
3] This Court, vide order dated 3 rd July, 2025, has
protected the present applicant with a condition that the
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1049.25ABA
applicant shall attend the concerned police station on every
Monday and co-operate with the investigation.
4] The learned counsel for the applicant submits
that the applicant has complied with the conditions imposed
by this Court vide order dated 03.07.2025 and has attended
the concerned Police Station and co-operated with the
investigation. The learned counsel further submits that the
incident has taken place at the spur of moment and the
allegations against the applicant of assaulting the mother of
the complainant with elbow and exaggerated to implicate
the applicant and all family members of the applicant in the
alleged crime. It is further submitted that even the
allegations in the FIR would show that there was no
intention to cause hurt to the mother of the complainant as
there was quarrel going on between the brother of the
complainant on one side and the applicant, his brother and
the relatives of the applicant on other side. The applicant is
not having any criminal antecedents and the applicant is
ready to abide by any conditions that may be imposed by
this Court. Thus, the applicant may be released on
anticipatory bail.
5] The learned APP, on the other hand, strongly
opposed the present application. It is submitted that even
though the applicant has attended the concerned Police
Station and co-operated with the investigation, the offence
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1049.25ABA
being serious in nature the applicant may not be released on
anticipatory bail.
6] I have gone through investigation papers, which
shows that the investigation is almost complete. The
statements of the witnesses have been recorded. The alleged
injuries sustained, which is attributable to the assault, by
elbow, by the present applicant. However, the record shows
that there was no intention on the part of the assailants
either to assault the mother of the complainant, nor any
dangerous weapon was used in the quarrel by the
assailants. Since the investigation is almost complete and
the applicant has also attended the concerned Police
Station, the apprehensions of the learned APP can be taken
care of by imposing stringent condition. Hence the
following order :
ORDER
A) The Anticipatory Bail Application is allowed.
B) The interim order dated 3rd July, 2025 is
hereby confirmed. The applicant is directed
to attend the concerned police station on
every Monday and Tuesday till filing of the
charge sheet.
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1049.25ABA
C) The Applicant shall also cooperate with the
investigation.
D) The Applicant shall not pressurize the
prosecution witnesses and shall not tamper
with the prosecution evidence, in any
manner.
7] Needless to say, violation of any of the aforesaid
conditions shall entitle the prosecution to seek cancellation
of the anticipatory bail.
8] The observations made herein above are prima
facie in nature and shall not influence by the Trial Court or
any other Court while deciding the case on its own merits.
9] The Anticipatory Bail Application is disposed of
accordingly.
[MEHROZ K. PATHAN]
JUDGE
DDC
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