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Bombay High Court

Raviraj Anil JadhavversusThe State of Maharashtra

Decided
Disposal
Allowed

Holding

Anticipatory bail is granted to the applicant with specified conditions.

Summary

The High Court considered an anticipatory bail application filed by Raviraj Anil Jadhav under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences alleged under several sections of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case was based on a witness statement naming the applicant, while the applicant asserted he was not involved, not a resident of the locality, and had no criminal antecedents. The court observed inconsistencies between the witness statement and the FIR and noted that the incident appeared to be spontaneous with no pre‑planning. Considering the applicant’s cooperation and lack of prior record, the court granted anticipatory bail subject to strict conditions. The order emphasized that the observations were limited to the bail application and should not influence the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the witness statement naming the applicant is sufficient to justify denial of bail.
  • Whether the applicant’s alleged involvement and lack of antecedents warrant arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • bail conditions
  • witness statement
  • no antecedents
  • spontaneous incident

Judgment

                                                     15.ABA-1474.26.DOC




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO. 1474 OF 2026

Raviraj Anil Jadhav                                … Applicant
V/s.
State of Maharashtra                               …. Respondent
                            ______________________
Mr. Ravi P. Jadhav and Ms. Jui V. Kanhere, for the Applicant.
Ms. Dhanalakshmi Krishna Iyer, APP for the respondent-State.
Mr. Santosh Mhatre, PSI and Mr. S. G. Gundale, Head Constable,
HCD attached to Kharadi Police Station, Pune City present.
                       ______________________


                            CORAM : MADHAV J. JAMDAR, J.
                            DATED : 7 SEPTEMBER 2026
P. C. :-

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

Applicant and Ms. Iyer, learned APP appearing for the Respondent-

State.



2.         By this application filed under Section 482 of Bharatiya

Nagarik Suraksha Sanhita, 2023 the Applicant is seeking pre-arrest

bail in connection with C.R. No.106 of 2026 registered with

Kharadi Police Station, Pune City for the offences punishable under




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                                                   15.ABA-1474.26.DOC




Sections 115(2), 118(1), 118(2), 125(b), 3(5), 351 (2) and 352

of the Bhartiya Nyaya Sanhita, 2023.



3.    As per the prosecution case, the First Informant – Arthav

Balasaheb      Jhurune, Vipul Kandge, Abhishek Sonavane, Rutwij

Nikam, Aditya Mane, Pravin Thombare, Prathamesh Mulik,

Vaibhav Sonavane, Gaurav Aabnave and Gaurav Kondake were

playing games on mobile at the Coffee Joint Shop, CT Vista Society.

Kharadi, Kharadi, Pune. They heard loud noise from Zeniya

Society, Kharadi and, therefore, they went and they saw that 3-4

unknown persons were assaulting an unknown person and when

these persons tried to intervene, those persons threatened the First

Informant and his friends and one of them said that he is Galande

and at that time, the First Informant’s friends Abhishek Sonavane

was assaulted with beer bottle. Therefore, the offence was

registered against said Galande and 3 unknown persons.



4.    It is the submission of the learned counsel appearing for the

Applicant that the Applicant is not at all involved in the crime. The

Applicant is not even resident of said Society. The Applicant has no

antecedents.




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5.    Learned APP appearing for the Respondent-State relied on a

statement of one Sahil Dhananjay Walawalkar dated 8 April 2026

recorded during the investigation wherein name of the Applicant is

reflected. Learned APP submitted that the Application be

dismissed.



6.    However, perusal of the FIR and perusal of the said

statement clearly show that some different case is made in the said

Statement of witness Sahil Dhananjay Walawalkar dated 8 April

2026 and in the FIR. The said Statement is contrary to the FIR.



7.    In any case, the F.I.R. as well as the said statement dated 8

April 2026 of Sahil Dhananjay Walawalkar shows that the incident

has taken place on spur of movement. There is no pre-planning

and no pre-preparation. The Applicant has no antecedents.



8.    Learned counsel appearing for the Applicant submitted that

the Applicant will completely cooperate with the investigation.



9.    Accordingly, case is made out for grant of Anticipatory Bail

by imposing following conditions :-




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                            ORDER

      (a)   In the event of arrest of the Applicant in connection

            with C.R. No.106 of 2026 registered with the Kharadi

            Police Station, Pune, the Applicant is directed to be

            released on bail on furnishing P.R. Bond in the sum of

            Rs.30,000/- with one or two solvent sureties each in

            the like amount.

      (b)   The Applicant shall attend the concerned Police

            Station on 10th and 11th September 2026 between

            11:00 a.m. to 02:00 p.m.

      (c)   The Applicant shall furnish his cell phone number and

            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




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                                                   15.ABA-1474.26.DOC




            evidence and shall not contact or influence the

            Complainant or any witness in any manner.


10.   The observations made in this order are only for the purpose

of considering the anticipatory bail application and the learned

Trial Court shall not be influenced by these observations.



11.   The Anticipatory Bail Application is disposed of accordingly.




                                          [MADHAV J. JAMDAR, J.]




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