Bombay High Court

TUKARAM RAMBHAU SHINDEversusSTATE OF MAHARASHTRA

Decided: 27 February 2026
Disposal: Allowed
Bench: MADHAV JAMDAR

Holding

The court granted anticipatory bail under Section 482 BNS, finding that the circumstances did not justify denial of bail and imposing conditions to safeguard the investigation.

Summary

The High Court considered an anticipatory bail application filed by Tukaram Rambhau Shinde under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under Sections 3(5) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that Shinde was involved in the theft of red soil because a dumper, owned by him, was found at the crime scene. Shinde contended that he had no role in the theft, the dumper was parked elsewhere, his name was absent from the FIR, and he had no prior criminal record. The court noted that the dumper had already been seized and returned, there was no need for custodial interrogation, and the maximum punishment was five years. Finding no compelling reason to deny bail and noting the applicant’s clean record, the court granted anticipatory bail with specific conditions. The order directed the applicant to furnish a bond, cooperate with the investigation, and refrain from tampering with evidence or influencing witnesses.

Issues considered

Whether anticipatory bail should be granted under Section 482 BNS for offences carrying a maximum punishment of five years.
Whether the ownership of the dumper found at the crime scene establishes sufficient grounds for arrest of the applicant.
Whether the applicant’s lack of antecedents and the return of the seized dumper negate the necessity of custodial interrogation.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 3(5)

Subjects

anticipatory bail
Section 482
criminal procedure
theft
ownership of vehicle
no antecedents
bail conditions

Judgment

908-ABA-137-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.137 OF 2026

Tukaram Rambhau Shinde …Applicant
Versus
The State of Maharashtra …Respondent

Mr. Prathamesh Deshpande a/w. Mr. Yash Agarwal i/b. Mr. Kishor
Newale, for the Applicant.
Ms. S. M. Yadav, APP, for the Respondent-State.
Mr. Datta Shedage, PSI, attached to Kamshet Takwe Police Station,
Pune Rural, Pune, present.

CORAM: MADHAV J. JAMDAR, J.
DATED : 27th FEBRUARY 2026
PC:-

1. Heard Mr. Deshpande, learned Counsel appearing for the

Applicant and Ms. Yadav, learned APP appearing for the

Respondent-State.

2. This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in

connection with C.R. No.67 of 2025 registered with Kamshet

Takawe Police Station, Pune Rural, Pune, for the offences

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908-ABA-137-2026.DOC

punishable under Sections 3(5) and 303(2) of the Bharatiya Nyaya

Sanhita, 2023 (“the BNS”).

3. As per the prosecution case, the accused committed theft of

red soil. As far as the role of the present Applicant is concerned,

dumper which was found at the site is belonging to the present

Applicant.

4. It is submitted by Mr. Deshpande, learned Counsel appearing

for the Applicant that the Applicant is not involved in the crime

and the dumper was parked by him at some other place and it was

found at the site. He submits that the punishment for the offence

under Section 303(2) of the BNS is minimum one year and

maximum punishment is 5 years. He further submits that the

Applicant’s name is not mentioned in the FIR. He submits that

there are no antecedents against the Applicant.

5. On the other hand, Ms. Yadav, learned Counsel appearing for

the Respondent-State strongly opposes the Anticipatory Bail

Application. She submits that the dumper has been found at the

site.

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908-ABA-137-2026.DOC

6. Perusal of the record shows that the subject dumper has

already been seized and it has been returned back to the Applicant.

There is nothing on record to indicate that the custodial

interrogation is necessary. The maximum punishment for the

alleged offence is 5 years. There are no antecedents against the

Applicant.

7. Accordingly, the case is made out for grant of Anticipatory

Bail by imposing certain conditions. In view thereof, the following

order is passed:

ORDER

(a) In the event of arrest of the Applicant-Tukaram

Rambhau Shinde in connection with C.R. No.67 of

2025 registered with the Kamshet Takawe 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.25,000/- with one or two solvent sureties in

the like amount.

(b) The Applicant shall attend the Kamshet Takawe Police

Station, Pune Rural, Pune, as and when called by the

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908-ABA-137-2026.DOC

Investigating Officer and shall co-operate with the

investigation.

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.

8. The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.03.04
11:06:27
+0530

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