Bombay High Court

YASHODA SURESH CHAVAN AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The Court granted anticipatory bail to the applicants, directing release on bail with conditions if they are arrested.

Summary

The applicants Yashoda Suresh Chavan, Yamuna Namdev Shelke and Jairam Namdev Shelke applied for anticipatory bail in connection with FIR No. 0010/2022 alleging their presence at a disturbance on 14 February 2022 and accusations of abusing and outraging the modesty of an informant. The FIR lists offences under Sections 143, 147, 148, 149, 452, 326, 509, 354, 354-A, 427, 323, 504 and 506 of the Indian Penal Code, but does not allege that the applicants possessed any weapon or caused injuries. The State opposed the bail, relying on the Sessions Court’s earlier rejection of the pre‑arrest bail application. The Court observed that the FIR does not attribute weapon possession to the applicants and that the investigating agency had, since October 2022, found no necessity to arrest them. Consequently, the Court found no justification to deny anticipatory bail. It ordered that, if arrested, the applicants be released on bail upon furnishing a personal bond of Rs.15,000 with one surety each, subject to standard conditions. The order also directed the applicants to cooperate with the investigation and refrain from contacting witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicants despite the serious offences alleged in the FIR and the prior rejection by the Sessions Court.

Legislation cited

Indian Penal Code, 1860 — s. 143, 147, 148, 149, 323, 326, 354, 427, 452, 504, 506, 509, A

Subjects

anticipatory bail
Indian Penal Code
criminal procedure
bail conditions
out‑raging modesty
assault

Judgment

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        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD

     916 ANTICIPATORY BAIL APPLICATION NO. 1458 OF 2026

1.      Yashoda Suresh Chavan

2.      Yamuna Namdev Shelke

3.      Jairam Namdev Shelke                   ….Applicants

VERSUS

The State of Maharashtra & another             …..Respondents

Mr. M. M. Deshmukh, Advocate for Applicants
Mr. S. B. Narwade, APP for the State.

                               CORAM : R. M. JOSHI, J.
                               DATE : 16th SEPTEMBER, 2026.
PER COURT :


1.      Applicants seek pre-arrest bail in connection with Crime No.

0010/2022, registered with Mandvi Police Station, Nanded, District

Nanded, for the offences punishable under Sections 143, 147, 148,

149, 452, 326, 509, 354, 354-A, 427, 323, 504, 506 of Indian Penal

Code.



2.      First Information Report came to be lodged in respect of the

incident occurred on 14.02.2022 at about 7.30 pm.        The report

shows that there is allegation against the present Applicants of they

being present at the spot and abusing the informant and others.
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                                                       aba1458.26.odt

Allegation is also made with regard to outraging modesty of the

informant by them. There is       further allegation to the effect that

some persons came to be spot with sticks and in the assault the

witnesses sustained injuries.



3.    Learned Counsel for the Applicants submits that there is no

allegation against the Applicants of they possessing any weapon and

causing injury to the witnesses. It is his submission that the offence

is of February 2022 and after filing of charge-sheet, their custodial

interrogation is not necessary.



4.    Learned APP opposed the application by referring to the

allegations against them in the First Information Report so also

observations made by the Sessions Court in order dated 25.09.2025

rejecting the pre-arrest bail of the Applicants.



5.    Prima facie perusal of the record and more particularly First

Information Report does not attribute possession of any weapon by

the present Applicants.    the weapons are claimed in the hands of

unknown persons who caused assault with sticks resulting            into

causing of injuries to the witness. Thus, on the face of it, there is no
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                                                                    aba1458.26.odt

reason to believe that the present Applicants are responsible for the

said injuries.         Further, in view of the fact that the investigating

agency found it not necessary to arrest the present Applicants since

Oct.2022,       this    Court   finds    no    justification   in    rejecting   the

application. Hence, the following order :-

                                        ORDER



        (i)       In the event of arrest of applicants in connection
        with Crime No. 0010/2022, registered with Mandvi
        Police Station, Nanded, District Nanded, for the
        offences punishable under Sections 143, 147, 148,
        149, 452, 326, 509, 354, 354-A, 427, 323, 504, 506 of
        Indian Penal Code, they be released on bail on
        furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen
        Thousand only) each with one surety in the like
        amount.


        (ii)       They shall attend the concerned police station
        as and when called.


        (iii)      They shall not contact the witnesses directly or
        indirectly.


        (iv)       They shall not interfere with the evidence in any
        manner whatsoever.
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      (v)      They are further directed to cooperate the
      investigating agency for further investigation.


      (vi)    They are directed to appear on all dates of
      hearing before the Trial Court except exempted.


      (vii)   Learned APP to communicate this order to the
      concerned Investigating Officer.



                                               ( R. M. JOSHI, J.)

dyb

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