Bombay High Court

ANNASAHEB GANPAT GAIKWADversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Disposed Off

Holding

The court granted anticipatory bail to the applicant, making the order absolute subject to the stipulated bond, surety and appearance conditions.

Summary

The applicant, Annasaheb Ganpat Gaikwak, filed an anticipatory bail application fearing arrest in connection with Crime No. 868 of 2025, which involved multiple offences under the Bhartiya Nyaya Suraksha Sanhita, 2023. The court noted that a co‑accused in the same case had already been granted anticipatory bail (Application No. 59 of 2026) and that the applicant had filed a counter‑FIR earlier, establishing a prima facie case for bail. Accordingly, the court ordered interim bail on a personal bond of Rs 25,000 with a surety of equal amount, subject to the condition that the applicant appear before the investigating officer, with such appearance deemed custody under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023. The applicant complied with the appearance condition and the investigating officer confirmed that the chargesheet had been filed. The court then confirmed the interim order, making it absolute, and disposed of the anticipatory bail application.

Issues considered

Whether the applicant is entitled to anticipatory bail in view of the prima facie case and the prior grant of bail to a co‑accused.
Whether the conditions imposed (bond, surety, appearance before the investigating officer) are appropriate and lawful.

Legislation cited

Bharatiya Sakshya Adhiniyam — s. 23
Bhartiya Nyaya Suraksha Sanhita — s. 118(1), 118(2), 119(1), 189(2), 190, 191(2), 191(3), 324(4), 351(2), 352

Subjects

anticipatory bail
bail bond
surety
criminal procedure
Bhartiya Nyaya Suraksha Sanhita
Bharatiya Sakshya Adhiniyam
prima facie case
co‑accused bail
investigation cooperation

Judgment

20-ABA-220-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 220 OF 2026
Annasaheb Ganpat Gaikwad … Applicant
Versus
The State of Maharashtra And Anr. … Respondents
__________________________________________________________
Mr. Somnath Thengal, for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
Mr. Ravindra Sable, PC 803, Sangola Police Station, is present.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 21st August, 2026.
P.C. :

1. Heard Mr. Somnath Thengal, learned Advocate for the

Applicant and Dr. A. A. Takalkar, learned APP for the Respondent –

State.

2. On 22.04.2026, the following order was passed :-

1. The applicant is apprehending arrest in
connection with Crime No.868 of 2025 registered with
Sangola Police Station, District Solapur (Rural) for the
offences punishable under sections 118 (1), 118 (2), 119
(1), 324(4), 352, 351 (2), 189 (2), 190, 191 (2), 191 (3)
of the Bhartiya Nyaya Suraksha Sanhita, 2023.

Arjun 1
20-ABA-220-2026.doc

2. Issue notice to the non applicants returnable on
6th May, 2026.

3. Learned A.PP waives service on behalf of the non
applicant - State.

4. Heard learned counsel for the applicant and the
learned A.PP, for the non applicants - State.

5. The contention raised is that there is a counter
FL.R filed by the applicant which is in a prior point of time.
It is also contended that the other co-accused having a
similar role has already been granted anticipatory bail.

6. Perusal of the order dated 16th February, 2026
passed by this Court in Anticipatory Bail Application No.59
of 2026 reveals that accused No.1 who has also assaulted
the complainant has been granted anticipatory bail.

7. Considering the submission as well as the order
passed by this court in Anticipatory Bail Application No.59
of 2026, prima facie a case is made out for granting
interim protection. Hence, the following order:

(i) Pending the Application, in the event of arrest,
Applicant Annasaheb Ganpat Gaikwad shall be released on
furnishing a P.R. bond in the sum of Rs.25,000/- with one
solvent surety in the like amount, in connection with Crime
No.868 of 2025 registered with Sangola Police Station,
District Solapur (Rural) for the offences punishable under
Sections 118 (1), 118 (2), 119 (1), 324(4), 352, 351(2),
189(2), 190, 191(2), 191(3) of the Bhartiya Nyaya
Suraksha Sanhita, 2023.

(ii) The applicant shall appear before the Investigating
Officer on Friday and Monday between 10.00 a.m and
12.00 noon and shall co-operate in the investigation.

(iii) Appearance before the Investigating Officer be treated
as custody within the meaning of Section 23 of the
Bharatiya Sakshya Adhiniyam, 2023.

8. Place the matter on 6th May, 2026.

Arjun 2
20-ABA-220-2026.doc

3. Mr. Somnath Thengal, learned Advocate for the Applicant,

on instructions from the Applicant states that the Applicant has

appeared before the Investigating Officer, Sangola Police Station,

District Solapur, and co-operated with the investigation in Crime

No. 868 of 2025.

4. Dr. A. A. Takalkar, learned APP for the Respondent – State,

on instructions from the Investigating Officer, Sangola Police

Station, submits that the Applicant has appeared before the

Investigating Officer and co-operated with the investigation in

Crime No. 868 of 2025. She, again on instructions from the

Investigating Officer, submits that the chargesheet has been filed.

5. In view of the above, this Application is disposed of by

confirming the order dated 22.04.2026, making it absolute in

terms of paragraph No. 7 (i) (ii) and (iii).

6. Anticipatory Bail Application No. 220 of 2026 is disposed

of.

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
Arjun 3
RODGE Date:
2026.08.21
19:15:42
+0530

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