Bombay High Court
NILESH SUNIL BURADEversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
- Bench
- MADHAV JAMDAR
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code, 1860 — s. 34, 354, 354-A, 406, 420, 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii), 6
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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