Bombay High Court
RAJANIKANT S/O SURYAKANT GAIKWAD AND ANOTHERversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Allowed
Holding
The court confirmed the anticipatory bail order with additional conditions and disposed of the application.
Summary
The applicants, Rajanikant and Sanjay Gaikwad, filed an anticipatory bail application in connection with FIR No. 526 of 2025 alleging they are the original owners of the disputed land. The State contended that the applicants had misrepresented facts, including claiming certain relatives were dead and using a fictitious name for the property. The trial court initially granted anticipatory bail on execution of a Rs.50,000 bond with sureties and directed the applicants to appear before the police as required. Upon further hearing, both parties agreed that the applicants would cooperate with the investigation, and the court affirmed the earlier order, imposing additional conditions prohibiting inducement, evidence tampering, and mandating the provision of residential details. The anticipatory bail application was consequently disposed of with the stipulated conditions.
Issues considered
- What is the appropriate scope of conditions that may be imposed on an anticipatory bail order?
- Whether the applicants should be mandated to appear before the investigating officer as a condition of bail?
- Whether restrictions on inducement, threat, promise, and tampering with evidence are permissible conditions under anticipatory bail.
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- bail conditions
- investigation cooperation
- evidence tampering
- inducement prohibition
Judgment
52A-i-ABA-2322-2025 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. ANTICIPATORY BAIL APPLN. NO. 2322 OF 2025
1. Rajanikant s/o. Suryakant Gaikwad & … Applicants
2. Sanjay s/o. Suryakant Gaikwad
Versus.
The State Of Maharashtra And Another … Respondents
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Mr. Sandip R. Andhale (Through V.C.) for the Applicants.
Dr. A.A. Takalkar, A.P.P. for the Respondents-State.
Mr. Shubham Visekar i/b. Mr. Ganesh Shiraskar for the Intervenor.
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Coram : ASHWIN D. BHOBE, J.
Date : 24th August 2026.
PER COURT :
1. Heard Mr. Sandip Andhale, learned Advocate for the Applicants, Dr.
Takalkar, learned A.P.P. for the Respondents-State and Mr. Shubham Visekar,
learned Advocate for the Intervenor.
2. On 19th September 2025, the following order was passed :
“1. Heard learned counsel for the Applicant and learned APP for
the Respondent – State.
2. It is the contention of learned APP that the Applicants have
shown their relatives as dead when they were alive at the time of
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alleged incident, and she seeks time to take instructions as to whether
those individuals have filed any complaint or not.
3. The allegations against the Applicant are that they have shown
the property in a fictitious name. However, it appears from the record
that the Applicants are original owners of the land.
4. Considering the allegations in the F.I.R., I pass the following
order:
ORDER
i. Till the next date, in the event of arrest, the
Applicant be enlarged on bail in connection with
the C.R. No.526 of 2025 registered with Karmala
Police Station, on executing P.R. Bond in the sum
of Rs.50,000/- each with one or two sureties in the
like amount.
ii. The Applicant shall attend the concerned police
station as and when required.
5. Learned counsel for the Intervenor seeks leave to file
intervention application. Leave granted.
6. Stand over to 7th October, 2025.”
3. Mr. Sandip R. Andhale, learned Advocate for the Applicants, states that
the Applicants have appeared before the Investigating Officer at Karmala
Police Station, District Solapur Rural and have cooperated with the
investigation of Crime No. 526 of 2025. He states that the Applicants shall
continue to cooperate with the investigation and appear before the
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Investigating Officer at Karmala Police Station, District Solapur Rural, as and
when required.
4. Dr. A. A. Takalkar, learned A.P.P. for the Respondents-State, on
instructions from the Investigating Officer, states that the Applicants have
appeared before the Investigating Officer and have cooperated in the
investigation of Crime No. 526 of 2025. She submits that the investigation is
ongoing and that the Applicants may be required to appear before the
Investigating Officer for further investigation. She therefore requests that a
condition be imposed upon the Applicants to appear before the Investigating
Officer as and when directed. She further submits on instructions from the
Investigating Officer, that custodial interrogation of the Applicants in Crime
No. 526 of 2025 is not required.
5. Mr Shubham Visekar, learned Advocate for the Intervenor, opposes this
Application and prays for its rejection.
6. Mr. Sandip R. Andhale, learned Advocate for the Applicants, on
instructions, states that the Applicants shall appear before the Investigating
Officer, Karmala Police Station in Crime No. 526 of 2025, as and when
required by the Investigating Officer. The said statement is accepted.
7. In view of the above, the order dated 19 th September 2025 is confirmed
with the following additional conditions :
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ADDITIONAL CONDITIONS :
“(a) The Applicants shall appear before the Investigating Officer,
Karmala Police Station, District Solapur Rural, as and when
required by the Investigating Officer in Crime No. 526 of 2025.
(b) The Applicants shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with
the facts of the case to dissuade that person from disclosing the
facts to the Court or any police officer.
(c) The Applicants shall not tamper with evidence in any manner.
(d) The Applicants shall provide the Investigation Officer with their
residential address along with proof, their contact numbers and
must inform the Investigating Officer of any changes to this
information from time to time. ”
8. Anticipatory Bail Application No. 2322 of 2025 is disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally signed
by OMKAR
OMKAR SHIVAHAR
SHIVAHAR KUMBHAKARN
KUMBHAKARN Date:
2026.08.25
10:43:40 +0530
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