Bombay High Court

YUVRAJ AANANDA MALIversusSTATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The court held that, given the applicant’s cooperation and the investigating officer’s view that custodial interrogation was unnecessary, the anticipatory bail application could be disposed of subject to conditions ensuring cooperation and non‑interference with evidence.

Summary

The applicant, Yuvraj Aananda Mali, sought anticipatory bail in an FIR (No. 0343/2025) alleging offences under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 48(7) and 48(8) of the Maharashtra Land Revenue Code, 1966. He contended that his name was not mentioned in the FIR and that the alleged offence related to land owned by his son, making the charge improbable. The State argued that the investigation was ongoing, but the investigating officer indicated that custodial interrogation of the applicant was not required and that he had cooperated with the probe. The court, after hearing both sides, confirmed the interim order dated 10 April 2026 and disposed of the anticipatory bail application, imposing conditions that the applicant must appear before the investigating officer, not tamper with evidence, not influence witnesses, and keep his address updated. The disposition effectively denied full anticipatory bail while ensuring the applicant’s continued cooperation with the investigation.

Issues considered

Whether anticipatory bail should be granted to the applicant in view of the alleged offences under the B.N.S. and M.L.R.C.
The relevance of the applicant’s alleged lack of involvement and cooperation with the investigation.
Whether custodial interrogation is necessary for the applicant.
What conditions, if any, should be imposed if bail is not granted.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Maharashtra Land Revenue Code, 1966 — s. 48(7), 48(8)

Subjects

anticipatory bail
FIR
Section 303
land revenue code
cooperation with investigation
conditions of bail

Judgment

55-ABA-200-2026 (CR).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 200 OF 2026

Yuvraj Aananda Mali … Applicant
Versus.
The State of Maharashtra And Ors. … Respondents

-----
Mr. Abhishek B. Patil for the Applicant.
Mr. A.S. Shalgaonkar, A.P.P. for the Respondent Nos.1 & 2-State.
Mr. Vaibhav Kupawade a/w. Ms. Vaishnavi Mali for the Respondent No.3.
Officer : PSI Mr. Somnath A. Pawar, Shirol Police Station, present.
-------

Coram : ASHWIN D. BHOBE, J.

Date : 24th August 2026.

PER COURT :

1. Heard Mr. Abhishek Patil, learned Advocate for the Applicant, Mr. A.S.

Shalgaonkar, learned A.P.P. for the Respondent Nos.1 & 2-State and Mr.

Vaibhav Kupawade, learned Advocate for the Respondent No.3.

2. On 10th April 2026, the following order was passed :

(1) Issue notice to the Respondents.
(2) Learned A.P.P. waives service and seeks time to take instructions.
(3) Heard.

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55-ABA-200-2026 (CR).docx

(4) Learned Advocate for the Petitioner seeks anticipatory bail in F.I.R.
No. 0343 of 2025, dated 4th November 2025, registered with Shirol
Police Station, District Kolhapur, for the offences punishable under
Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (for short,
“B.N.S.”) and Sections 48(7), 48(8) of the Maharashtra Land
Revenue Code, 1966 (for short, “M.L.R.C., 1966). He submits that,
the present F.I.R. has been lodged against the Applicant is totally
untenable. That the Applicant’s name has not been mentioned in the
F.I.R.. He submits that Abhishek Yuvraj Mali (son of the Applicant)
has purchased land in the same Gat No. 2981 in respect of which
the present F.I.R. has been filed. That, the son of the Applicant
owns land in Gat No. 2981 and therefore to make out an offence
under Section 303(2) of the B.N.S. is highly improbable.
(5) Learned A.P.P. seeks time to take instructions.
(6) At his request, stand over to 17th April 2026.
(7) Considering the submissions made by the learned Advocate for the
Applicant, till the next date, there shall be ad-interim relief in terms
of prayer clause (D).

3. The prayer clause (D) of this Application reads as follows:

“D. Pending hearing and final disposal of this Anticipatory Bail
Application, the Applicant may kindly be granted interim protection
from arrest in connection with FIR No. 0343/2025 registered on
04/11/2025 with Shirol Police Station for the aforesaid offences.”

4. Mr. Abhishek Patil, learned Advocate for the Applicant, states that the

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Applicant has cooperated with the investigation in Crime No. 0343 of 2025

and has appeared before the Investigating Officer at Shirol Police Station,

District Kolhapur. He submits that the Applicant shall continue to cooperate

and appear before the Investigating Officer at Shirol Police Station, District

Kolhapur, as and when required.

5. Mr. A.S. Shalgaonkar, learned A.P.P. for Respondent Nos. 1 & 2-State, on

instructions from the Investigating Officer, Shirol Police Station, states that

the Applicant has appeared before the Investigating Officer and cooperated

with the investigation in Crime No. 0343 of 2025. He submits that the

investigation in Crime No. 0343 of 2025 is ongoing and requests that the

condition be imposed that the Applicant shall appear before the Investigating

Officer as and when required for the investigation in Crime No. 0343 of

2025. He further on specific instructions from the Investigating Officer, states

that the custodial interrogation of the Applicant in Crime No. 0343 of 2025 is

not required.

6. Mr. Vaibhav Kupawade, learned Advocate for Respondent No. 3-

complainant, opposes this Application.

7. In view of the above and the statement made by Mr. A.S. Shalgaonkar,

learned A.P.P. for the Respondent Nos.1 & 2-State that the custodial

interrogation of the Applicant in Crime No. 0343 of 2025 is not required, this

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Application is disposed of by confirming the order dated 10 th April 2026 with

the following conditions :

(A) The Applicant shall appear before the Investigating Officer

at the Shirol Police Station, District Kolhapur, as and when

required by the Investigating Officer in connection with

Crime No. 0343 of 2025. Applicant shall cooperate in the

investigation of Crime No. 0343 of 2025.

(B) The Applicant shall not tamper with the evidence in any

manner.

inducement, threat, or promise to any person acquainted

with the facts of the case to dissuade such person from

disclosing the facts to the Court or any police officer.

(D) The Applicant shall provide the Investigating Officer 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.

8. Anticipatory Bail Application No. 200 of 2026 is disposed of.

Digitally signed
by OMKAR
OMKAR SHIVAHAR
KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date: [ ASHWIN D. BHOBE, J. ]
2026.08.25
10:42:20 +0530

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