Bombay High Court

NITIN VIJAY LODWALversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF
Bench: R M JOSHI

Holding

The court granted anticipatory bail to the applicant with specified conditions.

Summary

The applicant, Nitin Vijay Lodwal, aged about 20, was accused of throwing a stone at a lady’s house and then pulling her and outraging her modesty, offences punishable under Section 74 of the Bharatiya Nyaya Sanhita. He filed an anticipatory bail application, claiming a tenancy and loan dispute with the informant and offering an undertaking to stay away from the police jurisdiction until trial. The State opposed bail, relying on the FIR and the informant’s statement, which the court noted contained discrepancies and a possible over‑implication. Considering the applicant’s clean record and his voluntary undertaking, the court granted anticipatory bail with strict conditions, including a personal bond, staying away from the jurisdiction, not contacting witnesses, and cooperating with the investigation. The order was directed to be communicated to the investigating officer.

Issues considered

Whether anticipatory bail should be granted to the accused under the circumstances of the FIR and the alleged offence under Section 74 of the Bharatiya Nyaya Sanhita
Whether the applicant’s undertaking to stay away from the police jurisdiction suffices to allay the victim’s apprehension

Legislation cited

Bharatiya Nyaya Sanhita — s. 183, 74

Subjects

anticipatory bail
Section 74
Section 183
Bharatiya Nyaya Sanhita
outraging modesty
bail conditions
jurisdiction
over‑implication

Judgment

                                 -1-
                                                    aba1199.26.odt

       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

     43 ANTICIPATORY BAIL APPLICATION NO. 1199 OF 2026

Nitin Vijay Lodwal                             ….Applicant

VERSUS

The State of Maharashtra                       …..Respondent

Mr. M. K. Bhosale, Advocate for Applicant
Mr. S. G. Joshi, APP for the State.

                             CORAM : R. M. JOSHI, J.
                             DATE : 27th JULY, 2026.
PER COURT :


1.    Applicant seeks pre-arrest bail in connection with Crime No.

0523/2026 registered with M.I.D.C. Waluj Police Station, District

Chhatrapati Sambhaijnagar for the offence punishable under Section

74 of Bharatiya Nyaya Sanhita.



2.    First informant is a lady who informs the incident occurred on

28.05.2026 at about 11.00 pm. She claims that the Applicant came

infront of their house and threw stone on the door.      When the

informant came out of the house, he pulled her and outraged her

modesty.   She specifically states as to what happened in the First

Information Report.
                                 -2-
                                                       aba1199.26.odt

3.    Learned Counsel for the Applicant submits that the Applicant

and informant have dispute over the tenancy as well as the loan

obtained by the informant from the mother of the Applicant. As far

as the allegations in the First Information Report are concerned, it is

his submission that in view of the allegations made against the

Applicant, his custodial interrogation is not necessary. He makes a

statement on oath that the Applicant will not enter the jurisdiction of

the concerned police station till conclusion of the trial.    It is his

submission that this will take care of the apprehension recorded by

the Sessions Court in the order rejecting bail application.



4.    Learned APP opposed grant of any protection to the Applicant

by citing allegations in the First Information Report.        It is his

submission that the statement of informant also gets supported by

the witness.



5.    Prima facie perusal of the First Information Report and

statement of informant recorded under Section 183 of BNSS show

discrepancy.   Apart from the fact that the eye witness at the first

instance has never stated about having witnesses the occurrence of

the incident however, in the supplementary statement he claims so.
                                   -3-
                                                          aba1199.26.odt

As such, possibility of over implication is not ruled out.            The

Applicant is aged about 20 years having no criminal antecedents. He

has made a voluntary statement that he will stay away from the

jurisdiction of concerned police station till conclusion of the trial, this

takes care of the apprehension of the victim. Hence, application is

allowed in following terms :-

                                 ORDER



        (i)     In the event of arrest of applicant Nitin Vijay
        Lodwal, in connection with Crime No. 0523/2026
        registered with M.I.D.C. Waluj Police Station, District
        Chhatrapati Sambhaijnagar for the offence punishable
        under Section 74 of Bharatiya Nyaya Sanhita, he be
        released on bail on furnishing PR Bond of Rs. 15,000/-
        (Rs. Fifteen Thousand only) with one surety in the like
        amount.


        (ii)    He     shall not enter the jurisdiction of the
        concerned police station till conclusion of the trial.




        (iii)   He    shall not contact the witnesses directly or
        indirectly.


        (iv)    He shall not interfere with the evidence in any
        manner whatsoever.
                               -4-
                                                        aba1199.26.odt



      (v)    He    is   further directed to cooperate the
      investigating agency for further investigation.


      (vi)   Learned APP to communicate this order to the
      concerned Investigating Officer.



                                               ( R. M. JOSHI, J.)

dyb

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