Bombay High Court
DINKAR NAMDEV WALKEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 143, 147, 148, 149, 323, 324, 34, 504, 506
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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902-ABA-1399-2024+.DOC
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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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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