Bombay High Court
PRAFULL SHRAVAN GAIKWADversusTHE STATE OF MAHARASHTRA
- Disposal
- APPLICATION ALLOWED
Holding
The Court allowed anticipatory bail, finding that the FIR was exaggerated, there was a possibility of over‑implication, and no sufficient ground existed to deny bail.
Summary
The High Court considered an anticipatory bail application filed by Prafull Shravan Gaikwad in connection with FIR No. 0493 of 2026 alleging threats, extortion and an alleged outraging of modesty under Sections 132, 74, 308(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant contended that the FIR was motivated by a complaint he had lodged against the Medical Superintendent and that the allegations were exaggerated and amounted to false implication. The State and the informant opposed bail, relying on the informant’s statement and corroborative witness testimony. The Court observed that the applicant had indeed filed a complaint leading to an inquiry, that the FIR’s allegations were not fully supported by the statements of Fulsundar, Janabai and witness Bhosle, and that there was a possibility of over‑implication, especially as no allegation of outraging modesty was made against the applicant. Consequently, the Court held that the applicant’s liberty warranted protection and that directing him to appear before the investigating officer would suffice for the investigation. The application was therefore allowed with standard bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite the FIR alleging offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the FIR contains sufficient material to deny bail or whether it reflects over‑implication and false accusation.
- Whether the applicant’s prior complaint against the Medical Superintendent impacts the assessment of the FIR’s credibility.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 132, 308(2), 3(5), 74
Subjects
- anticipatory bail
- over‑implication
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- threat
- extortion
- outraging modesty
- bail conditions
Judgment
2026:BHC-AUG:42310
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1633 OF 2026
Prafull Shravan Gaikwad
VERSUS
The State Of Maharashtra
WITH CRIMINAL APPLICATION NO. 3567 OF 2026
IN ABA/1633/2026
Komal Haridas Garad (jadhav)
VERSUS
Prafull Shravan Gaikwad And Another
Mr. S. A. Wakure, Advocate for applicant
Mr. S. B. Jadhav, APP for respondent-State
Mr. G. J. Kore, Advocate for informant
CORAM : R. M. JOSHI, J.
DATE : 15th SEPTEMBER, 2026
PER COURT :-
1. Learned Counsel for the applicant seeks pre-arrest bail in
connection with crime No. 0493 of 2026 registered with Omerga Police
Station, Dist. Dharashiv for the offences punishable under Sections 132,
74, 308(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. First Information Report is lodged by the Medical
Superintendent claiming that on 20.07.2026, present applicant and co-
accused came to the hospital and threatened the informant of
complaining against her and demanded Rs. 5,00,000/-. There is
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allegation against co-accused Dnyaneshwar that he outraged her
modesty by holding her hand. There is also statement to the effect that
Fulsundar and Janabai having intimated to informant with regard to the
applicant and co-accused having taken register from the cupboard and
tried to take photographs of the same.
3. Learned Counsel for the applicant submits that applicant has
lodged complaint and on the basis of his complaint, an inquiry was
initiated. It is his submission that having regard to the said fact, question
of any threat being given to the informant or demanding money does not
arise. According to him, it is a case of false implication owing to the
complaints made by applicant against informant.
4. Learned APP and learned Counsel for the informant opposed
grant of any protection to the applicant. It is their contention that
statement of informant is supported by the statement of witness
indicating presence of the applicant along with co-accused at the spot
and the threats and demand of money being made by them. It is also
contended that statement against co-accused of outraging modesty of
the informant is also supported by the statement of witness Bhosle.
5. Prima facie perusal of the record indicates that the present
applicant has made complaint against Medical Superintendent about
misappropriation allegedly committed in the Sub-District Hospital,
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Omerga. There is document on record suggesting inquiry being directed
into the said complaint. In this backdrop, perusal of the First Information
Report appears to be exaggerated. Though the First Information Report
claims that Fulsundar and Janabai has made statement with regard to
the applicant and co-accused having taken register from the cupboard
and tried to take photographs of the same is not supported by their
statements. Thus, the possibility of over implication exists. Moreover
there is no allegation against present applicant that he outraged modesty
of the informant, his liberty deserves to be protected. Appropriate
direction to appear before Investigating Officer will meet purpose of
investigation.
ORDER
(i) Application is allowed.
(ii) In the event of arrest of applicant in connection
with Crime No. 0493 of 2026 registered with Omerga
Police Station, Dist. Dharashiv for the offences
punishable under Sections 132, 74, 308(2) 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
solvent surety in the like amount.
(iii) He shall attend the concerned police station on
23.09.2026 between 11:00 AM to 01:00 PM.
(iv) He shall not contact the witnesses directly or
indirectly.
(v) He shall not interfere with the evidence in any
manner whatsoever.
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(vi) He is further directed to cooperate the
investigating agency for further investigation.
6. Pending application, if any, stands disposed of.
(R. M. JOSHI, J.)
B. S. Joshi
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