Bombay High Court

SAINATH GANGARAM JARIPATKEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED

Holding

Anticipatory bail is granted to the applicant, subject to conditions, as there is no prima facie evidence of his participation in the offence.

Summary

The applicant, Sainath Gangaram Jaripatke, a brother‑in‑law of a murder victim, filed an anticipatory bail application fearing arrest in a case (CR No. 646/2025) under Sections 103(1), 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. He argued that a co‑accused, Somnath, had been granted pre‑arrest bail on similar facts and that there was no evidence placing him at the scene of the crime. The State opposed bail, citing the seriousness of the offence. The Court examined the FIR, charge‑sheet and statements, finding no material linking the applicant to the murder and noting that the investigation officer had not identified him as present. Applying the principle of parity and the lack of prima facie evidence, the Court allowed the anticipatory bail with standard conditions, including a personal bond, attendance at the police station, and non‑interference with witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant under the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant is entitled to parity with the co‑accused who obtained pre‑arrest bail.
Whether the evidence on record is sufficient to deny anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 85

Subjects

anticipatory bail
pre‑arrest bail
parity principle
murder
Bharatiya Nyaya Sanhita
bail conditions
criminal procedure

Judgment

2026:BHC-AUG:44235
920-ABA-1231-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

920 ANTICIPATORY BAIL APPLICATION NO. 1231 OF 2026

Sainath Gangaram Jaripatke
Versus
The State Of Maharashtra

Mr. P. A. Bharat h/f Mr. U. L. Momale, Advocate for Applicant
Mr. S. P. Joshi, APP for Respondents/State
CORAM :R.M. JOSHI, J
DATE :SEPTEMBER 29, 2026
P. C. :

1. Applicant apprehends arrest in connection with C.R. No.

646/2025 registered with Police Station Udgir Rural, District Latur for the

offences punishable under Sections 103(1), 85 read with Section 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

2. The first information report indicates that the victim was

married to accused no.1 on 20.06.2020. She used to inform to her parents

that accused used to assault her. There is allegation that all accused persons

had beaten her and she was killed on on 23.10.2025.

3. Learned Counsel for the Applicant submits that Applicant is the

brother-in-law of the deceased and he was staying separately and never

shared household with the deceased. According to him, co-accused

Somnath, who is another brother-in-law of the deceased, has been granted

pre-arrest bail. It is his further submission that role attributed to the present

Applicant is exactly same as attributed to against Somnath. He drew

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920-ABA-1231-2026.odt

attention of the Court to the order dated 08.05.2026 passed in Criminal Bail

Application No. 53/2026 by Additional Sessions Judge, Udgir. He, therefore,

seeks liberty of the Applicant be protected on parity. He further submits that

now charge-sheet has been filed on conclusion of investigation and as such,

custodial interrogation of the Applicant is not necessary.

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

by referring to the allegations against him in the FIR. It is his submission

that having regard to the serious nature of crime, this is not the case for

grant of any pre-arrest bail.

5. Prima facie perusal of the record including first information

report and the statements recording during the course of investigation

indicates that the role attributed to the present Applicant is exactly same as

against co-accused Somnath. The order passed by the Sessions Court

granting pre-arrest bail to the co-accused Somnath records following

observations:

7) According to the applicant, he was in Mumbai on
23.10.2025. The statements recorded by the police, which
are part of the charge-sheet pending before this Court, do
not show that the applicant was present in Udgir at the time
of the incident. The victim's maternal uncle did not state
that the present applicant/accused was present in the
house. It is on record that the accused's brother, Nagnath,
took the victim to the hospital. Therefore, the charge-sheet
also does not contain sufficient evidence against the present
applicant regarding the charge of murder. The victim's
husband is in jail. The only allegation against the present

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920-ABA-1231-2026.odt

applicant is that he, along with other accused, was
harassing the victim. Hence, it is proper to grant
anticipatory bail to the present accused, subject to
conditions, as there is prima facie no evidence to show that
he was present at the time of the incident. The investigation
officer also has not stated that there is evidence to that
effect.

6. Perusal of the charge-sheet and statements recorded by the

police indicate that exactly the same evidence is there against the present

Applicant. Applicant has no criminal history. Having regard to the facts of

the case, there is no impediment in granting same relief to the Applicant on

parity. Hence, the order:

ORDER
(i) Anticipatory Bail Application is allowed.

(ii) In the event of arrest of the Applicant in connection with C.R.
No. 646/2025 registered with Police Station Udgir Rural,
District Latur for the offences punishable under Sections
103(1), 85 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
surety in the like amount.

(iii) He shall attend the concerned police station on 07.10.2026
and thereafter as and when required on written notice by IO.

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

(v) He shall not interfere with the evidence in any manner
whatsoever.

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

(R. M. JOSHI, J.)
Malani

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