Bombay High Court

GORAKH HARISHCHANDRA KAMBLEversusSTATE OF MAHARASHTRA

Decided: 11 September 2026
Disposal: Allowed

Holding

The court granted anticipatory bail to the applicant, subject to specified conditions.

Summary

The applicant, Gorakh Harishchandra Kamble, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail in a case (C.R. No.113 of 2026) involving offences under the Arms Act, Maharashtra Police Act and several sections of the Bharatiya Nyaya Sanhita. The applicant argued that he was not named in the FIR and that no material evidence linked him to the alleged crime, citing only his presence in statements of co‑accused and an old antecedent from 2012. The State contended that co‑accused had specifically mentioned the applicant’s role and that the antecedent warranted denial of bail. The court examined the statements, noted the absence of any overt act attributed to the applicant, and held that the antecedent alone did not preclude bail. Consequently, the court granted anticipatory bail with conditions including furnishing a bond, reporting to police, and refraining from influencing witnesses or tampering with evidence.

Issues considered

Whether anticipatory bail can be granted when the applicant is not named in the FIR but is mentioned in statements of co‑accused.
Whether an antecedent criminal case (from 2012) bars the grant of anticipatory bail.
Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to dispense anticipatory bail in the present circumstances.

Legislation cited

Arms Act, 1959 — s. 25, 3
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 127(2), 140(2), 204, 308(5), 3(5), 351(2), 352
Maharashtra Police Act, 1951 — s. 135, 37(1)

Subjects

anticipatory bail
Section 482
FIR
antecedent
conditions of bail
Arms Act
Maharashtra Police Act
Bharatiya Nyaya Sanhita

Judgment

916.WP-2164.26.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2164 OF 2026

Gorakh Harishchandra Kamble … Applicant
Digitally signed by
V/s.
PRACHI
PRACHI
PRANESH
NANDIWADEKAR
PRANESH
NANDIWADEKAR
State of Maharashtra & Anr. …. Respondents
Date: 2026.09.11
21:49:54 +0530

______________________
Mr. Akshay V. Shinde, for the Applicant.
Mr. Swapnil V. Walve, APP for the Respondent No.1-State.
Ms. Pallavi Balpande, PSI attached to Loohegaon Police Station,
Pune City.
______________________

CORAM : MADHAV J. JAMDAR, J.
DATED : 11 SEPTEMBER 2026
P. C. :-

1. Heard Mr. Shinde, learned Counsel appearing for the

Applicant and Mr. Walve, learned APP appearing for the

Respondent-State.

2. By this application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-

arrest bail in connection with C.R. No. 113 of 2026 registered with

Vimantal Police Station, Pune City for the offences punishable

under Sections 3 and 25 of the Arms Act, 1959, Section 37(1) and

135 of Maharashtra Police Act, 1951 and 352, 351(2), 308(5),

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3(5), 204, 140(2), 127(2) and 115(2) of the Bharatiya Nyaya

Sanhita, 2023.

3. It is the submission of the learned counsel appearing for the

Applicant that Applicant is not named in the FIR. There is no

material whatsoever against the Applicant. He submits that

Applicant is not involved in the crime and Applicant will cooperate

with the investigation. He submits that there is one antecedent

against the Applicant, which is of the year 2012, being C.R. No. 90

of 2012, registered with Wai Police Station. He further submits that

there were total 6 accused. Accused Nos.1 to 4 were arrested and

granted regular bail. Accused No.5 has been granted Anticipatory

Bail. He submits that the Applicant is seeking parity with Accused

No.5.

4. On the other hand, the learned APP submitted that the

Applicant is involved in the crime. The co-accused i.e., Accused

Nos.3 and 4, has specifically mentioned the role of the Applicant.

He submits that the Applicant has one antecedent, being C.R.

No.90 of 2012, registered with Wai Police Station. Therefore, the

Anticipatory Bail Application be rejected.

5. The prosecution case is set out in order dated 28 May 2026

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passed by the learned Additional Sessions Judge, Pune in Criminal

Bail Application No.2057 of 2026 filed by co-accused i.e., Accused

No.5, in paragraph no.2, which reads as under :-

“2] The case of the prosecution in short, is that, on 23/02/2026,
when the complainant was at his flat, some unknown persons who
represented themselves as police officers, forcibly entered into his
house and started abusing and assaulting him. They abducted him
behind Shrusti Hotel, near D. Y. Patil chowk, Lohgaon, Pune in a
white color Maruti Suzuki four-wheeler. At that time, co-accused
Kiran Unawane and other persons forced him to sit in grey four-
wheeler. In the said car, under the pretext of revolver, they
threatened the complainant and went to the residential house of the
co-accused Kiran Unawane at Ahilyanagar. There, co-accused Kiran
Unawane, her husband and other persons started abusing and
assaulting the complainant and demanded Rs. 77 lacs from him.
Thereafter, they dropped him to main road and he came to Pune bus
stop. With these allegations, the FIR came to be lodged.”

6. Perusal of the record shows that the Applicant has not been

named in the FIR and no role is attributed to the Applicant. His

name is stated in the statements recorded during investigation of

Accused Nos.3 and 4.

7. Although it is the contention of the learned counsel

appearing for the Applicant that statement of any accused cannot

be recorded by the investigating machinery, assuming that such

statement can be recorded, even on perusal of the statements of

Accused Nos.3 and 4, no overt act is attributed on the part of the

Applicant. Only his presence is recorded. Although there is

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antecedent, the same is of the year 2012. Accordingly, the case is

made out for grant of anticipatory bail by imposing following

conditions :-

ORDER

(a) In the event of arrest of the Applicant in connection

with C.R. No.113 of 2026 registered with the Vimantal

Police Station, Pune City, the Applicant is directed to

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

of Rs.30,000/- with one or two solvent sureties in the

like amount.

(b) The Applicant shall attend the concerned Police

Station on 28th and 29th September 2026 between

11.00 am to 2.00 pm. and thereafter, as and when

necessary.

residential address to the Investigating Officer and

shall keep the same updated, in case of any change

thereto.

(d) The Applicant shall not directly or indirectly make any

inducement, threat, or promise to any person

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acquainted with the facts of the case so as to dissuade

such a person from disclosing the facts to the Court or

to any Police personnel.

(e) The Applicant shall not tamper with the prosecution

evidence and shall not contact or influence the

Complainant or any witness in any manner.

8. The observations made in this order are only for the purpose

for considering the anticipatory bail application.

9. The Anticipatory Bail Application is disposed of accordingly.

[MADHAV J. JAMDAR, J.]

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