Bombay High Court
GAJANAN PRABHAKAR DAHALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that anticipatory bail should be granted as the applicant's involvement was limited to purchase of stolen property and he had cooperated with the investigation.
Summary
The High Court of Bombay considered an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Gajanan Prabhakar Dahale, who was alleged to have purchased stolen ornaments worth Rs.1,74,300 in a theft case (C.R. No.704 of 2025). The prosecution alleged that the applicant was involved in the purchase of the stolen goods, while the defense argued that he had no prior criminal antecedents and had cooperated with the investigation. The court examined the applicant's cooperation, the nature of the alleged offence, and the claim of three antecedents, which the applicant contested. Finding that the applicant's role was limited to purchase and that he had complied with police directives, the court granted anticipatory bail with standard conditions. The order directed the applicant to furnish a bail bond of Rs.30,000, attend police as required, and refrain from influencing witnesses or tampering with evidence.
Issues considered
- Whether anticipatory bail should be granted under Section 482 BNSS, 2023 to a person alleged to have purchased stolen ornaments.
- Whether the applicant's alleged antecedents affect the grant of bail.
- Whether the applicant's cooperation with the investigation satisfies the criteria for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 331(3), 331(4)
Subjects
- anticipatory bail
- Section 482
- theft
- purchase of stolen property
- bail conditions
- cooperation with investigation
- antecedents
Judgment
918-ABA-2432-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2432 OF 2026
Gajanan Prabhakar Dahale …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Ajinkya M. Udane, for the Applicant.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Mr. Amol Dnyandev Chavan, Police Headconstable, attached to
Shikrapur Police Station, Pune Rural, Pune, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 8th OCTOBER 2026
PC:-
1. Heard Mr. Udane, learned Counsel appearing for the
Applicant and Mrs. Tikde, learned APP appearing for the
Respondent-State.
2. This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking pre-arrest bail
in connection with C.R. No.704 of 2025 registered with Shikrapur
Police Station, Pune Rural, Pune, for the offences punishable under
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918-ABA-2432-2026.DOC
Sections 305(a), 331(3) and 331(4) of the Bharatiya Nyaya
Sanhita, 2023 (“BNS”).
3. As per the prosecution case, the First Informant’s house was
locked and by opening safety door and the main door of the house,
unknown accused entered the house and committed theft of
ornaments valued at Rs.1,74,300/-. As far as the present Applicant
is concerned, the allegation against him is that he has purchased
the stolen ornaments.
4. On the earlier date, it was contended that the Applicant is
not cooperating with the investigation and the learned Counsel
appearing for the Applicant submitted that the Applicant will
cooperate with the investigation. Accordingly, this Court directed
the Applicant to attend the Shikrapur Police Station on 28 th
September 2026, 29th September 2026 and 30th September 2026
between 11:00 a.m. to 01:00 p.m..
5. Mrs. Tidke, learned APP states that the Applicant has
attended the Police Station. On instructions, Mrs. Tidke, learned
APP states that there are three antecedents against the Applicant.
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918-ABA-2432-2026.DOC
However, Mr. Udane, learned Counsel appearing for the Applicant
states that there are no antecedents against the Applicant. He
states that in one case, the Applicant’s name was shown, however,
the chargesheet was not filed against him.
6. In any case as the only role attributed to the present
applicant is purchase of stolen ornaments of the value of Rs.
1,74,300/- and as he has attended the police station, in the facts
and circumstances, the case is made out for grant of Anticipatory
Bail.
7. In view thereof, the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Gajanan
Prabhakar Dahale in connection with C.R. No.704 of
2025 registered with the Shikrapur Police Station,
Pune Rural, Pune, the Applicant is directed to be
released on bail on his furnishing P.R. Bond in the sum
of Rs.30,000/- with one or two solvent sureties in the
like amount.
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918-ABA-2432-2026.DOC
(b) The Applicant shall attend the concerned Police
Station as and when called by the Investigating
Officer.
(c) The Applicant shall furnish his cell phone number and
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
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 Anticipatory Bail Application is disposed of accordingly.
Digitally [MADHAV J. JAMDAR, J.]
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.10.09
10:29:18
+0530
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