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Bombay High Court

NILESH SUNIL BURADEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

Anticipatory bail is granted to the applicant with specified conditions.

Summary

The High Court considered an anticipatory bail application under Section 438 of the CrPC filed by Nilesh Sunil Burade, who was implicated in a FIR alleging offences including cheating, criminal breach of trust, assault, extortion, caste-based harassment, money‑lending violations and offences under the POCSO and SC/ST Acts. The applicant argued that he was not involved in the alleged crimes, had no prior criminal record, and was already protected by an interim order of a Single Judge dated 13 September 2024. The State opposed bail, emphasizing the seriousness of the offences, especially those under the POCSO Act. The Court noted that the charge‑sheet had been filed, the applicant had no antecedents, and the interim protection was still in force, and therefore found no reason to deny bail. Consequently, the Court granted anticipatory bail with standard conditions such as furnishing a bond, cooperating with investigation, and refraining from influencing witnesses or leaving India without permission.

Issues considered

  • Whether anticipatory bail should be granted to the applicant under Section 438 CrPC despite the seriousness of the offences alleged in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC offences
  • POCSO Act
  • SC/ST Act
  • money lending
  • caste discrimination
  • bail conditions

Judgment

                                                                      904-ABA-2469-2024.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION
                               ANTICIPATORY BAIL APPLICATION NO.2469 OF 2024


 SONALI               Nilesh Sunil Burade                                 …Applicant
 MILIND                     Versus
 PATIL                The State of Maharashtra                            …Respondent
Digitally signed by
SONALI MILIND
PATIL
Date: 2026.01.08      Mr. Ganesh Bhujbal, for the Applicant.
18:18:52 +0530
                      Ms. G. P. Mulekar, APP, for the Respondent No.1-State.
                      Ms. Shilpa Pawar, for the Respondent No.2.
                      Mr. Ashok Raut, PSI, attached to Baramati City Police Station,
                      Pune, present.


                                             CORAM:      MADHAV J. JAMDAR, J.
                                             DATED :     8th JANUARY 2026
                      PC:-


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

                      Applicant, Ms. Mulekar, learned APP appearing for the Respondent

                      No.1-State and Ms. Pawar, learned Counsel appointed to represent

                      the interest of the Respondent No.2.



                      2.       This application is filed under Section 438 of the Code of

                      Criminal Procedure, 1973 seeking pre-arrest bail in connection

                      with C.R. No.361 of 2024 registered with Baramati City Police

                      Station, Pune, for the offences punishable under Sections 420, 406,




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354, 354-A, 504, 506 read with 34 of the Indian Penal Code, 1860,

Sections 8 and 12 of the Protection of Children from Sexual

Offences Act, 2012, Sections 39 and 45 of the Money Lending Act

and 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) and 6 of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989.



3.       The prosecution case is set out in paragraph No.4 of the

order dated 14th June 2024 passed by the learned Special Judge,

Baramati in Criminal Bail Application No.580 of 2024, which reads

as under:



          “4. Facts of the case are that complainant-victim
          lodged report to Baramati City Police Station on
          17.05.2024, that on 10.05.2024 at about 7.00 p.m.,
          when she had been to the house of the accused to
          demand rent, accused Nilesh, Mangesh and Abhijit
          were present, out of whom, Abhijit caught her hand
          and pulled her in home. At that time, accused
          Nilesh, Mangesh, Abhijit and Jagruti knowing that
          victim was belonging to scheduled caste community,
          uttered to pay rent to complainant using words
          relating to her caste. Nilesh put her hand on her
          backseat place and Mangesh put his hand around
          her neck. She made escape and told the incident to
          her mother, who approached the accused persons,
          to whom, they stated that she should not tell the
          incident to anyone, else they would not return the
          amount of gold and money pledged with them. It is
          also reported that for loan of Rs. 60,000/-, accused



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          persons have retained gold weighing 30 tolas. On
          such allegations, offences against accused persons
          as above are registered.”

4.       It is the submission of Mr. Bhujbal, learned Counsel

appearing for the Applicant that the Applicant is not involved in

the crime and in any case, he has been granted interim protection

by a learned Single Judge by order dated 13 th September 2024

which is continued till date. He further submits that the charge-

sheet is already filed and there are no criminal antecedents against

the Applicant.



5.       On the other hand, Ms. Mulekar, learned APP appearing for

the Respondent No.1-State and Ms. Pawar, learned Counsel

appointed to represent the interest of the Respondent No.2

strongly oppose the Anticipatory Bail Application. Both of them

submit that the offence is very serious and therefore, Anticipatory

Bail Application be rejected.



6.       Ms. Pawar, learned Counsel appointed to represent the

interest of the Respondent No.2 points out the contents of the FIR

and submits that the offence is very serious and inter alia is under




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the POCSO Act. Therefore, she submits that the Anticipatory Bail

Application be rejected.



7.       Perusal of the record shows that by order dated 13 th

September 2024, a learned Single Judge has granted interim

protection which is continued till date. In the meanwhile, the

charge-sheet is already filed. There are no other antecedents

against the Applicant.



8.       Accordingly, the case is made out for grant of Anticipatory

Bail. In view thereof, the following order is passed:


                              ORDER

         (a)   In the event of arrest of the Applicant-Nilesh Sunil

               Burade in connection with C.R. No.361 of 2024

               registered with the Baramati City Police Station,

               Baramati, the Applicant is directed to be released on

               bail on his furnishing P.R. Bond in the sum of Rs

               25,000/- with one or two solvent sureties in the like

               amount.

         (b)   The Applicant shall attend the Baramati City Police

               Station, Baramati, as and when called by the




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               Investigating Officer and shall co-operate with the

               investigation.

         (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.

         (f)   The Applicant shall not leave India without prior

               permission of the Court.


9.       The Anticipatory Bail Application is disposed of accordingly.




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10.      This Court places on record the appreciation of the

assistance rendered by Ms. Shilpa Pawar, learned Counsel

appointed to represent the interest of Respondent No.2.




                                        [MADHAV J. JAMDAR, J.]




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