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Bombay High Court

DINKAR NAMDEV WALKEversusSTATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Anticipatory bail is granted to the applicants under Section 438 of the CrPC.

Summary

The applicants were accused of assaulting the informant and his family during a land dispute, with charges under several sections of the Indian Penal Code including assault, criminal intimidation and rioting. The prosecution filed a charge‑sheet on 15 February 2025, and the applicants sought anticipatory bail under Section 438 of the Criminal Procedure Code. The court noted that a single judge had earlier granted interim protection and that the applicants had no prior criminal antecedents. While acknowledging the seriousness of the offences, the court held that the statutory criteria for anticipatory bail were satisfied. Consequently, the court ordered the release of the applicants on bail with a personal bond of Rs.25,000 each and imposed standard conditions such as cooperation with the investigation and non‑interference with witnesses. The applications were therefore disposed of with bail granted.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to the accused despite the seriousness of the offences under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Indian Penal Code
  • assault
  • rioting
  • bail conditions
  • Maharashtra

Judgment

                                              902-ABA-1399-2024+.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.1399 OF 2024


Dinkar Namdev Walke                                …Applicant
      Versus
The State of Maharashtra                           …Respondent

                             WITH
         ANTICIPATORY BAIL APPLICATION NO.1401 OF 2024

Chhayabai Dhanraj Walke & Anr.                     …Applicants
      Versus
The State of Maharashtra                           …Respondent


Mr. Shailesh Kharat, for the Applicants.
Ms. R. V. Newton, APP, for the Respondent-State.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     13th JANUARY 2026
PC:-


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

Applicants and Ms. Newton, learned APP appearing for the

Respondent-State.



2.       This application is filed under Section 438 of the Code of

Criminal Procedure, 1973 seeking pre-arrest bail in connection

with C.R. No.226 of 2024 registered with Malegaon Taluka Police




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Station, Nashik, for the offences punishable under Sections 324,

323, 504, 506, 143, 147, 148, 149 and 34 of the Indian Penal

Code, 1860.



3.       The prosecution case is set out in paragraph Nos.2 to 4 of

the order dated 6th May 2024 passed by the learned Additional

Sessions Judge, Nashik in Criminal Bail Application No.466 of

2024 which reads as under:



          “[2] Informant Subhash Ananda Gaikwad along-
          with family is residing at Chokatpade, Tal.
          Malegaon. The accused including the applicants are
          residing at the same village. Agricultural lands of
          both the parties are situated at village - Chokatpade
          and since long there is dispute between the parties
          on account of approached road of their lands.

          [3] Shrikant On 09.04.2024 at about 7.30 p.m.,
          accused was digging road with JCB Machine at the
          back side of house of Dhanraj (applicant No.3).
          Therefore, Nandubai, the wife of the informant and
          his son Shailesh went there to ask as to why they
          were digging road. Suddenly, accused Shrikant and
          Dhanraj got angry and gave them abuses. At that
          time, other accused persons including the applicants
          gathered there. Dinkar (Applicant No.1) assaulted
          the informant by iron pipe on his back. Accused
          Sachin assaulted Shailesh by iron pipe. Accused
          Sachin and Dhanraj (applicant No.3) caught hold
          Shailesh and beat him by fist and kick blows and
          accused Shrikant assaulted Shailesh on his head by
          an axe and caused him severe injuries. Therefore,




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          Shailesh collapsed. Hence, Nandubai, the wife of
          the informant came forward to rescue Shailesh. At
          that time, accused - Janabai and accused -
          Chhayabai assaulted her by iron pipes on her legs.
          Then, accused Shantilal (applicant No.2) also came
          there and he assaulted the informant by fist and
          kick blows. All the while, the accused persons were
          giving abuses to the informant and his family
          members and also threatened them to kill.

          [4] Then the informant called his son Sandip, who
          took them to Civil Hospital, Malegaon. Injured -
          Shailesh was shifted to Civil Hospital, Dhule for
          further medical treatment.”

4.       A learned Single Judge by order dated 17 th May 2024 has

granted interim protection which operates till date. In the

meanwhile, the charge-sheet has been filed on 15 th February 2025.

Thus, the investigation is completed.



5.       Mr. Kharat, learned Counsel appearing for the Applicants

submits that the Applicants have no other antecedents.



6.       Ms. Newton, learned APP submits that the offence is very

serious therefore, the Anticipatory Bail Application be rejected. On

instructions, she submits that the charge-sheet is already filed and

the Applicants have no antecedents.




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                                                902-ABA-1399-2024+.DOC




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

Bail. In view thereof, the following order is passed:


                                ORDER

         (a)   In the event of arrest of the Applicant-Dinkar Namdev

               Walke (Anticipatory Bail Application No.1399 of

               2024) and the Applicant No.1-Chhayabai Dhanraj

               Walke and Applicant No.2-Jayshri Dinkar Walke

               (Anticipatory Bail Application No.1401 of 2024) in

               connection with C.R. No.226 of 2024 registered with

               the Malegaon Taluka Police Station, Nashik, the

               Applicants are directed to be released on bail on their

               furnishing P.R. Bond in the sum of Rs.25,000/- each

               with one or two solvent sureties each in the like

               amount.

         (b)   The Applicants shall attend the Malegaon Taluka

               Police Station, Nashik, as and when called by the

               Investigating Officer and shall co-operate with the

               investigation.

         (c)   The Applicants shall furnish their cell phone number

               and residential address to the Investigating Officer




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                    and shall keep the same updated, in case of any

                    change thereto.

              (d)   The Applicants 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 Applicants shall not tamper with the prosecution

                    evidence and shall not contact or influence the

                    Complainant or any witness in any manner.

              (f)   The Applicants shall not leave India without prior

                    permission of the Court.


     8.       The   Anticipatory   Bail     Applications     are   disposed   of

     accordingly.




                                                   [MADHAV J. JAMDAR, J.]

       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.01.13
       18:14:55
       +0530




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