Bombay High Court
RUSHIKESH SOMNATH SHENDAGEversusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court allowed the anticipatory bail application and made it absolute, subject to specific conditions.
Summary
The applicant, a 20-year-old B.Sc. student, filed an anticipatory bail application in connection with Crime No. 197 of 2025, alleged to involve offences under sections 108, 3(5) and 351(3) of the Bhartiya Nyaya Sanhita, 2023. He sought protection to appear for his university examinations scheduled from 28 April to 4 May 2026. The Court initially granted interim bail on a personal bond of Rs.25,000 with a surety, subject to the applicant’s cooperation with the investigation. Upon review, the Court found that the applicant had complied with the investigating officer’s directions and therefore made the anticipatory bail order absolute, imposing conditions prohibiting inducement, evidence tampering, and mandating regular reporting to the police. The application was consequently disposed of, with the bail remaining in force under the stipulated conditions.
Issues considered
- What is the appropriate standard for granting anticipatory bail under the Bhartiya Nyaya Sanhita, 2023?
- Whether the applicant’s personal circumstances (examination schedule) justify interim bail?
- Whether the applicant’s cooperation with the investigation satisfies the conditions for making the bail absolute?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 108, 3(5), 351(3)
Subjects
- anticipatory bail
- bail conditions
- student rights
- investigation cooperation
- Bhartiya Nyaya Sanhita
- criminal law
- section 108
- section 351
- personal bond
Judgment
23-ABA-162-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 162 OF 2026
Rushikesh Somnath Shendage … Applicant
Versus.
The State of Maharashtra And Anr. … Respondents
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Mr. Prashant Edake, for the Applicant.
Mrs. S. N. Deshmukh, APP for the Respondent – State.
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CORAM : ASHWIN D. BHOBE, J.
DATE : 17th August, 2026.
P.C. :
1. Heard Mr. Prashant Edake, learned Advocate for the Applicant
and Mrs. S. N. Deshmukh, learned APP for the Respondent – State.
2. On 22.04.2026, the following order was made:-
1. The applicant is apprehending arrest in connection with
Crime No.197 of 2025 registered with Madha Police Station,
District Solapur (Rural), for the offences punishable under
sections 108, 3 (5), 351 (3) of the Bhartiya Nyaya Sanhita,
2023.
2. Issue notice to the non applicants returnable on 5th May,
2026.
3. Learned A.P.P, waives service for the non-applicant –
State.
4. Learned A.PP submits that the Investigating officer is not
present today and, therefore, he seeks time.
Arjun 1
23-ABA-162-2026.doc
5. It is contended by the learned counsel for the applicant
that the applicant is a 20-year-old student pursuing his B.Sc.
(Third Year). The examination of the applicant is scheduled to
be conducted from 28th April, 2026 to 4th May 2026. It is
therefore, urged that at least for the purpose of enabling the
applicant to appear in the said examination, protection be
granted till 5th May, 2026. The Schedule of Examination has
been tendered across the Bar, which indicates that the B.Sc.
(Sixth Semester) Examination is scheduled to be conducted
from 28th April 2026 to 4th May 2026.
6. Therefore, a case is made out for grant of interim
protection till 05.05.2026. Hence, the following order:
(1) Pending the application, in the event of arrest in
connection with Crime No.197 of 2025 registered with Madha
Police Station, District Solapur (Rural), for the offences
punishable under sections 108, 3 (5), 351 (3) of the Bhartiya
Nyaya Sanhita, 2023, the Applicant -Rushikesh Somnath
Shendage be released on bail upon furnishing a P.R bond in the
sum of Rs.25,000/- with one solvent surety in the like amount.
7. Place the matter on 5th May, 2026.
3. On 05.05.2026, the following order was passed :-
1. The Applicant was protected by way of the order dated
22.04.2026 passed by this Court. For the purpose of making
progress in the investigation, the presence of the Applicant
before the Investigating Officer is necessary.
2. Therefore, the Applicant shall attend the concerned
Police Station every Friday and Tuesday between 10:00 a.m.
and 12:00 noon for a period of two weeks and shall cooperate
with the investigation.
3. Stand over to 11.06.2026.
Arjun 2
23-ABA-162-2026.doc
4. Mr. Prashant Edake, learned Advocate for the Applicant, submits
that the Applicant has cooperated with the Investigating Officer in
Crime No. 197 of 2025 and has appeared as and when instructed by the
Investigating Officer at Madha Police Station, Solapur Rural. He further
states that the Applicant shall continue to cooperate in the investigation
of Crime No. 197 of 2025.
5. Mrs. S. N. Deshmukh, learned APP, on instructions from the
Investigating Officer, states that the Applicant has appeared before the
Investigating Officer as and when required and has cooperated with the
investigation in Crime No. 197 of 2025.
6. In view of the statements made by Mr. Prashant Edake, learned
Advocate for the Applicant, and Mrs. S. N. Deshmukh, learned APP for
the Respondent – State, this Application is allowed and made absolute
in terms of the order dated 22.04.2026, with the following additional
conditions:-
(a) The Applicant shall not directly or indirectly
make any inducement, threat or promise to any
person/s acquainted with the facts of the case to
dissuade such person/s from disclosing the facts to the
Arjun 3
23-ABA-162-2026.doc
Court or any police officer.
(b) Applicant shall not tamper with evidence in any
manner.
(c) Applicant shall appear and report to the Madha
Police Station, Solapur Rural, as and when required by
the Investigating Officer. Applicant shall cooperate
with the Investigating Officer in the process of
investigation of Crime No. 197 of 2025.
(d) The Applicant shall provide the Investigation
Officer, Madha Police Station, Solapur Rural, with his
residential address along with proof, his contact
number and must inform the Investigating Officer of
any changes to this information from time to time.
7. Criminal Anticipatory Bail Application No. 162 of 2026 is
disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN Arjun 4
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.08.18
10:31:33
+0530
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