Bombay High Court
AAKASH PRALHAD POLE,versusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- N R BORKAR
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
- Animal Cruelty Act — s. 11(1)(c)
- Bharatiya Nyaya Sanhita — s. 303(2), 325, 3(5)
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
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