Bombay High Court
UDAY DINKAR GHADGADE AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The court confirmed and made absolute the anticipatory bail order, granting bail to the applicants with specified conditions.
Summary
The applicants, Uday Dinkar Ghadage and Himmat Dinkar Ghadage, applied for anticipatory bail under Section 438 of the CrPC in connection with CR No.81 of 2023, alleging offences of rape (IPC 376(2)(n), 376(2)(f)) and criminal intimidation (IPC 504). Earlier, the court had granted interim protection, but the State pointed to a second FIR (CR No.138 of 2023) alleging multiple offences including kidnapping of minor children. The court examined the counter‑version of events, noted the principle of parity, and decided to confirm the bail order with conditions such as a bond of Rs 30,000, attendance before police, restriction from Miraj Taluka, and no contact with the informant or witnesses. The State later submitted that the investigation was complete and a charge‑sheet had been filed, rendering custodial interrogation unnecessary. Consequently, the court made the earlier anticipatory bail order absolute and disposed of the application.
Issues considered
- Whether anticipatory bail should be granted to the applicants despite the existence of multiple FIRs and serious allegations including kidnapping of minors.
- Whether the conditions imposed by the court are appropriate and sufficient to safeguard the investigation and witnesses.
- Whether the completion of investigation and filing of a charge‑sheet affect the continuance of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 143, 147, 149, 323, 34, 354, 364-A, 376(2)(f), 376(2)(n), 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 10, 8
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 376
- IPC 504
- kidnapping
- bail conditions
- parity
- investigation complete
- charge sheet
Judgment
1/6
29-ABA-2313-2023 (CR).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 2313 OF 2023
1. Uday Dinkar Ghadage
2. Himmat Dinakr Ghadage …........Applicants
VERSUS.
The State Of Maharashtra And Anr. ….......Respondents
-----
Mr. Somnath Thengal i/b Mr. Dilip Shinde, for Applicants.
Dr. Ashvini A. Takalkar, APP, for Respondent No.1 - State.
Mr. Ranjeet H. Patil i/b Adv. Saili Dhuru, for Respondent No.2.
PSI, Mr. Kakde, H.C., Mr. N. B. Yadav, Kundal Police Station, present.
-------
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.22
12:47:13 CORAM : ASHWIN D. BHOBE, J.
+0530
DATE : 21st SEPTEMBER, 2026.
P.C.
1. At the request of Mr. Somnath Thengal, learned Advocate for the
Applicants and Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –
State, Anticipatory Bail Application No. 2313 of 2023 is de-tagged from
Anticipatory Bail Application No.2914 of 2023.
2. Heard, Mr. Somnath Thengal, learned Advocate for the
Applicants, Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –
State and Mr. Ranjeet H. Patil, learned Advocate for Respondent No.2.
Shantanu S. Dhudum
2/6
29-ABA-2313-2023 (CR).DOC
3. On 23rd October, 2023, the following order was passed:
“1. Heard the learned counsel for the applicants and the learned APP for
the State.
2. This application is preferred seeking pre-arrest bail in connection with
C.R. No.81 of 2023 registered at Kundal police station for the offences
punishable under sections 376(2)(n), 376(2)(f) and 504 of Indian
penal Code, 1860.
3. By an order dated 18th August, 2023 in ABA No. 2313 of 2023 this
Court was persuaded to grant interim protection to the co- accused.
The observations in paragraph Nos. 2 to 4 are as under:-
2] Ordinarily considering the nature of allegations, this Court
would not have entertained application under Section 438
of Cr.P.C. However, facts of this case create exceptions to the
General Rule. The facts which are peculiar in the present
case are as under:
i. Registration of First Information Report by father- in- law
against the victim which resulted into her arrest and release
on bail in the month of December 2022 ii. The first alleged
incident is of 9th January 2023 against the father-in-law.
iii. The second alleged incident is of 15th January 2023 against
the brother-in-law.
iv. The third alleged incident is of 4th April 2023 against the
cousin father-in-law.
v. The forth incident against cousin brother-in-law alleged to
have occurred on 6th April 2023.
3] The report has been lodged on 14 July 2023.
4. At this stage, prima facie, it is inconceivable that the
incident alleged against the person who was responsible for
Shantanu S. Dhudum
3/6
29-ABA-2313-2023 (CR).DOC
sending the victim in jail would not be reported for the
period of six months. The applicants have, therefore, made
out a case for grant of interim relief. Hence, following
order:
a) In the event of arrest of the applicants in connection with
C.R.No.81 of 2023 registered with Kundal police station,
Sangli for offences punishable under Sections 376(2) (n),
376(2)(f), 504 r/w 34 of IPC, they be released on interim
bail on furnishing P.R. bond of Rs.15,000/- each, along with
one or two sureties in the like amount.
b) The applicants shall remain present before the concerned
police station on 21st, 23rd and 25 th August, 2023 between
11:00 am to 2:00 pm and thereafter, as and when called by
the investigating officer.
c) The applicants shall not directly or indirectly make any
inducement, threat or promise to any witness acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
d) The applicants shall not obstruct or hamper the police
investigation and not to play mischief with the evidence
collected or yet to be collected by the police.
e) The applicants shall, at the time of execution of the bond,
furnish their addresses and mobile numbers to the
investigating officer, and the Court concerned, and shall not
change the residence till the final disposal of the case.
4. The aforesaid reasons govern the case of the applicants with equal
force.
5. The learned APP submitted that another crime being C.R. No. 138 of
2023 has been registered against the applicants for the offences
punishable under sections 364-A, 354, 143, 147, 149, 323, 504 and
Shantanu S. Dhudum
4/6
29-ABA-2313-2023 (CR).DOC
506 of Indian Penal Code, 1860 and sections 8 and 10 of the
Protection of Children from Sexual Offences Act, 2012.
6. The learned counsel for the first informant submitted that the
applicants and the co-accsued in ABA No. 2313 of 2023 had
kidnapped the minor children of the first informant while the co-
accused were on interim bail. It was submitted that the applicants
therefore do not deserve the exercise of the discretion.
7. Indeed crimes have been registered against the applicants. However,
there is a counter version. The genesis of the dispute leading to the
instant first information report prima facie appears to be in the death
of the husband of the first informant. In that connection the first
informant and her brother were arraigned and have since been
released on bail. Thereafter, it seems, a number of first information
reports have been registered from both the sides against the members
of the adverse party. In the first information report No. 138 of 2023
the first informant adverts to the fact that since a couple of months
there have been disputes between the family members of the
informant and her in laws and a number of first information reports
have been registered.
8. In the aforesaid backdrop, on parity, I am inclined to grant interim
protection to the applicants.
9. In the event of arrest in C.R. No. 81 of 2023 registered with Kundal
police station, the applicants be released on bail on furnishing a P.R.
bond in the sum of Rs.30,000/- with one or two sureties in the like
amount, each.
10. The applicants shall cooperate with the investigation and attend
Kundal police station, on 30th, 31st October, 2023 and 1 st November,
2023 in between 10 am to 1 pm till the next date.
11. The applicants shall not enter the limits of Miraj Taluka for a period of
six months.
Shantanu S. Dhudum
5/6
29-ABA-2313-2023 (CR).DOC
12. The applicants shall not contact the first informant and/or her
children, tamper with the prosecution evidence and give threat or
inducement to first informant, any of the prosecution witnesses or any
person acquainted with the facts of the case.
Stand over to 30th November, 2023.”
4. Mr. Somnath Thengal, learned Advocate for the Applicants,
submits that the Applicants (Uday Dinkar Ghadage and Himmat Dinkar
Ghadage) have appeared before the Investigating Officer and have
cooperated with the investigation into Crime No. 81 of 2023 registered at
Kundal Police Station, Taluka Palus, District Sangli. He further submits that
the Applicants shall appear before and cooperate with the Investigating
Officer as and when required.
5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent No.1 –
State, on instructions from the Investigating Officer in Crime No.81 of
2023, submits that the Applicants have cooperated with the investigation.
She further submits that the investigation in Crime No.81 of 2023 is
complete and that the charge-sheet has been filed against the Applicants.
Accordingly, she submits that custodial interrogation of the Applicants is
not required in Crime No.81 of 2023.
6. In view of the statements made by Dr. Ashvini A. Takalkar,
learned A.P.P. for Respondent No.1 – State, the order dated 23 rd October,
2023, passed in Anticipatory Bail Application No.2313 of 2023, is hereby
confirmed and made absolute in terms of paragraphs 8, 9, 10, 11 and 12.
Shantanu S. Dhudum
6/6
29-ABA-2313-2023 (CR).DOC
7. Criminal Anticipatory Bail Application No.2313 of 2023 is
disposed of.
( ASHWIN D. BHOBE, J.)
Shantanu S. Dhudum
Checking your session…