Bombay High Court

NAGESH ALIAS PRAVIN BALASAHEB ALBHARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court allowed the anticipatory bail application, granting bail with conditions.

Summary

The High Court of Bombay, Aurangabad Bench, considered an anticipatory bail application filed by Nagesh alias Pravin Balasaheb Albhar, who feared arrest in connection with FIR No. 288/2025 alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault, rioting and theft of Rs.5,000. The incident involved alleged damage to a poclain machine and the alleged snatching of money. The applicant's counsel highlighted that the Sessions Court had earlier granted interim protection, the applicant had appeared before the investigating officer, and he possessed no prior criminal record, arguing a risk of false or over‑implication due to existing disputes. The respondent argued that the applicant had not fully cooperated and emphasized the seriousness of the theft allegation. The Court, noting the possibility of false implication and the applicant's cooperation, granted anticipatory bail with specific conditions, including a personal bond, surety, non‑contact with witnesses, and compliance with police notices.

Issues considered

Whether anticipatory bail should be granted to the applicant despite allegations of theft and assault under the Bharatiya Nyaya Sanhita, 2023.
Whether the applicant's cooperation with the investigating officer and lack of prior criminal record justify bail.
Whether conditions can be imposed to prevent interference with evidence and witness contact.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119(1), 324(4), 3(5), 351(2), 351(3), 352

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
false implication
cooperation with investigation
bail conditions
criminal procedure

Judgment

2026:BHC-AUG:39449
35-ABA-1431-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

35 ANTICIPATORY BAIL APPLICATION NO. 1431 OF 2026

Nagesh Alias Pravin Balasaheb Albhar
VERSUS
The State Of Maharashtra And Another

Mr. A. S. More, Advocate for Applicant
Mr. S. B. Narwade, APP for Respondents

CORAM : R.M. JOSHI, J
DATE : AUGUST 31, 2026

P. C. :

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

288/2025 registered with Police Station Belwandi, District Ahilyanagar for

the offences punishable under Sections 119(1), 352, 351(2), 351(3),

115(2), 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita,

2023.

2. First information report indicates that an incident had occurred

on 23.08.2025 at about 02.30 am in which Applicant and unknown accused

persons were found causing damage to the poclain machine. There is

allegation that present Applicant has snatched Rs.5,000/- from the pocket of

the driver.

3. Learned Counsel for the Applicant submits that admittedly

there are disputes between the parties and owing to the same, possibility of

false/over implication is not ruled out. It is his contention that pursuant to

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35-ABA-1431-2026.odt

the interim relief granted by the Sessions Court, Applicant has appeared

before the investigating officer and there is no grievance made by the

prosecution about non-cooperation on the part of Applicant in the

investigation. He claims that Applicant has no criminal history behind him.

It is his submission that owing to the previous disputes, possibility of

snatching of Rs.5,000/- is not ruled out.

4. Learned APP opposed grant of any relief to the Applicant by

referring to the allegations of snatching of money by the Applicant. By

referring to the report, he submits that though Applicant has attended the

investigating officer, has not cooperated in the investigation.

5. There is no dispute about the fact that the liberty of the

Applicant was protected by the Sessions Court for some time and during the

said period, Applicant has appeared before the investigating officer.

Cooperation does not mean that incriminating evidence is provided by the

Applicant to the investigating agency. It is the duty of the investigating

agency to find out incriminating evidence against Applicant. In light of these

facts, there are disputes between the parties, which is likely to create

possibility of false/over implication of the Applicant. Having regard to these

facts, this Court finds no justification not to allow Application. Hence, the

order:

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35-ABA-1431-2026.odt

ORDER

(i) Anticipatory Bail Application is allowed.

(ii) In the event of arrest of the Applicant - Nagesh Alias Pravin
Balasaheb Albhar in connection with C.R. No. 288/2025
registered with Police Station Belwandi, District Ahilyanagar
for the offences punishable under Sections 119(1), 352,
351(2), 351(3), 115(2), 324(4) 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 as and when
required upon written notice by I.O.

(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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