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Bombay High Court

AAKASH PRALHAD POLE,versusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court allowed the anticipatory bail application, granting bail subject to bond and conditions.

Summary

Aakash Pralhad Pole applied for anticipatory bail fearing arrest in Crime No. 214 of 2025 for alleged cattle theft, charged under Sections 325, 303(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 11(1)(c) of the Animal Cruelty Act. The prosecution’s charge‑sheet contained only the co‑accused’s statement and no direct evidence linking the applicant, except that the two‑wheeler used belonged to him. The applicant contended he had no involvement, while the State argued the vehicle’s ownership implicated him. The court examined the charge‑sheet, found the material insufficient to justify denial of bail, and consequently granted anticipatory bail with a bond of Rs. 25,000 and standard conditions. The order directed the applicant to cooperate with investigations and not commit any further offence.

Issues considered

  • Whether anticipatory bail should be granted when the only link to the accused is ownership of a vehicle used in the alleged offence and a co‑accused’s statement.

Legislation cited

Subjects

  • anticipatory bail
  • theft of cattle
  • animal cruelty
  • bail conditions
  • criminal procedure

Judgment

                                                                  912-aba-202-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

        ANTICIPATORY BAIL APPLICATION NO. 202 OF 2026

Aakash Pralhad Pole                                  …Applicant

        V/s.

The State of Maharashtra                             ...Respondent


Mr. Shaikh Ebaad, Advocate for the Applicant.
Mr. B. V. Holambe Patil, APP for the Respondent/State.


                                   CORAM         :   N.R. BORKAR, J.
                                   DATE          :   23.01.2026.

P.C. :

1.                This is an application for Anticipatory Bail.


2.                The applicant is apprehending his arrest in Crime No.

214 of 2025 registered at Ambarnath Police Station, for the

offences punishable under Sections 325, 303(2), 3(5) of the

Bharatiya Nyaya Sanhita and under Section 11(1)(c) of the Animal

Cruelty Act.


3.                The allegations against the present applicant and other

co-accused are that of theft of cattle.


4.                I have heard the learned counsel for the applicant and
Pramod S.Lakare
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                                                                      912-aba-202-2026.doc


the learned APP for the respondent-State.



5.                The learned counsel for the applicant submits that the

applicant has nothing to do with the alleged crime. It is submitted

that the prosecution has already filed charge-sheet against the co-

accused and only material against the applicant is the statement

of co-accused.


6.                On the other hand, the learned APP for the respondent-

State submits that two wheeler which was used for committing the

crime       belongs      to   present   applicant.       It   is   submitted       that

considering the nature of crime the applicant may not be released

on anticipatory bail.


7.                I   have    perused   the         charge-sheet    filed    by     the

prosecution against the co-accused. It appears that except

statement of co-accused there is no other material to connect the

applicant with the alleged crime. Considering the overall facts and

circumstances of the case, I am inclined to release the applicant

on anticipatory bail. In the result, the following order is passed :




Pramod S.Lakare
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                                                                    912-aba-202-2026.doc



                                      ORDER


                  a)       The Application is allowed.

                  b)       In the event of arrest of the applicant in

                  connection with Crime No. 214 of 2025 registered

                  at Ambarnath Police Station, for the offences

                  punishable under Sections 325, 303(2), 3(5) of the

                  Bharatiya Nyaya Sanhita and under Section 11(1)

                  (c) of the Animal Cruelty Act, the applicant be

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

                  of Rs. 25,000/- with one or two sureties in the like

                  amount.

                  c)       The applicant shall not commit any other

                  crime.

                  c)       The applicant shall attend the concerned

                  police    station   as   and     when    called   by     the

                  investigating officer and shall co-operate with the

                  further investigation, if any.




                                                         [N.R.BORKAR, J.]

Pramod S.Lakare
                                             3/3


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