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Bombay High Court

BIRU ALIAS BIRAPPA DNYANESHWAR THORBOLE AND ORS.versusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court allowed the anticipatory bail application, confirming the interim protection, subject to conditions.

Summary

The five applicants sought anticipatory bail in connection with a kidnapping and assault case (Crime No.193 of 2024) alleging offences under multiple IPC sections and the Maharashtra Police Act. The prosecution alleged that the applicants kidnapped the complainant, tied him to a tree, assaulted him with an iron rod, stick and belt, and stole his mobile phone. The applicants contended they were falsely implicated as a retaliatory counter‑FIR to an earlier case, asserted that the complainant suffered only simple injuries, and highlighted their clean record and compliance with an interim protection order dated 15‑May‑2026. The court noted the 17‑day delay in filing the FIR, the simple nature of the injuries, the possibility of the FIR being a counter‑blast, and the fact that the applicants had not violated any interim conditions. Consequently, the court allowed the anticipatory bail application, confirmed the interim protection, and imposed standard conditions for cooperation with the investigating officer.

Issues considered

  • Whether anticipatory bail should be granted despite the seriousness of the alleged offences under the IPC and Maharashtra Police Act.
  • Whether the 17‑day delay in lodging the FIR and the existence of a counter‑FIR affect the grant of bail.
  • Whether the applicants have violated any conditions of the interim protection order previously granted.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • assault
  • IPC
  • Maharashtra Police Act
  • delay in FIR
  • counter FIR
  • simple injuries
  • bail conditions

Judgment

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                                                                                30-ABA-2492-2025 (CR).DOC


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIRCUIT BENCH AT KOLHAPUR
                                                CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2492 OF 2025

                               1. Biru Alias Birappa Dnyaneshwar Thorbole
                               2. Laxman Kondiba Goykar
                               3. Uttam Sakharam Goykar
                               4. Shankar Sakharam Goykar
                               5. Maruti Sakharam Goykar                            ...Applicants
                                     Versus
                               The State Of Maharashtra                             ...Respondent

                                                                   -----
                               Mr. Pratik Prakash Jadhav (Through VC), for Applicants.
                               Mr. Nitin B. Patil, APP, for the Respondent-State.
            Digitally signed

SHANTANU
SHANKARSA
            by SHANTANU
            SHANKARSA
            DHUDUM
                                                                 -----
            Date:
DHUDUM      2026.06.24
            14:34:25
            +0530
                                                  CORAM      :   MEHROZ K. PATHAN, J.
                                                  DATE       :   22nd JUNE, 2026.
                               P.C.

                               1.          Heard learned counsel for the Applicants and learned APP

                               for the Respondent-State.

                               2.          The Applicants have approached this Court seeking

                               anticipatory bail in connection with Crime No.193 of 2024 registered

                               with Jath Police Station, District: Sangli, for the offences punishable

                               under Sections, 327, 365, 324, 323, 342, 504, 506, 143, 147, 148 and

                               149 of the Indian Penal Code, 1860 (for short, “IPC”) and Section 135

                               of the Maharashtra Police Act.

                               3.          The prosecution case is that, complainant – Valmik K.

                               Dombale was sleeping in front of his house, when the Applicants

                      Shantanu S. Dhudum
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                                                          30-ABA-2492-2025 (CR).DOC


         allegedly came there on a motorcycle and kidnapped him. It is further

         alleged that they tied him to a tree, and assaulted him with iron rod,

         stick and belt and also snatched his mobile phone. Hence, the

         complainant has lodged the F.I.R. against the present Applicants.

         4.          Learned counsel Mr. Pratik Jadhav appearing for the

         Applicants submits that Applicants are falsely implicated in the

         present crime. The present F.I.R. bearing No.193 of 2024 is a

         counterblast to the earlier F.I.R. bearing No.165 of 2024 dated

         22/03/2024 filed by Accused No.9 – Sakshi Goykar against the

         present complainant - Valmik K. Dombale, in resepct of incident dated

         21/03/2024. It is submitted that all the Applicant Nos.1 to 5 have

         been deliberately roped in only with an intention to wreak vengeance

         against the entire family members. It is further submitted that the

         complainant - Valmiki K. Dombale was also medically examined and

         the injuries sustained by him are simple in nature. Thus, despite the

         exaggerated allegations made in the F.I.R., only simple injuries have

         been recorded by the medical officer. The Applicants are not having

         any criminal antecedents and are ready to abide by any conditions

         that may be imposed of by this Court. The Applicants have complied

         conditions imposed by this Court while granting interim protection

         vide order dated 15/05/2026. Hence, the Applicants may be

         protected by confirming the interim order.

Shantanu S. Dhudum
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                                                            30-ABA-2492-2025 (CR).DOC


         5.          As against this, the learned APP strongly opposes the bail

         application on the ground that there are serious allegations against

         the Applicants of kidnapping the complainant with an intention to

         cause grievous hurt. It is submitted that the Applicants, in fact,

         assaulted the complainant by means of dangerous weapons. The

         assault is serious in nature and is punishable with life imprisonment.

         Though there is a counter F.I.R., taking into consideration, the nature

         of the allegations in the present F.I.R. the custodial interrogation of

         the Applicants is necessary. This is not a fit case for grant of

         anticipatory bail and the application may be rejected.

         6.          I have gone through the investigations papers made

         available by the learned APP. The F.I.R. shows that there is a delay of

         about 17 days in lodging the F.I.R. In respect of the incident dated

         21/03/2024, the F.I.R. came to be lodged on 07/04/2024. The injury

         certificate shows that the complainant - Valmik has sustained only

         simple injuries. Thus, prima facie, there appears to be no explanation

         by the complainant for delay in lodging the F.I.R. after the incident.

                     The submissions that the present F.I.R. is an outcome of a

         counterblast to the earlier F.I.R. lodged by Accused No.9 – Sakshi

         appears to be probable. Be that as it may, these are observations are

         prima facie in nature. Further, taking into consideration that this

         Court has already protected the Applicants vide order dated

Shantanu S. Dhudum
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                                                                    30-ABA-2492-2025 (CR).DOC


         15/05/2026, there are no allegations that the Applicants have

         violated any of the conditions.

                           The investigation papers also does not contain the statement

         of the Chandabai Maruti Goykar, who is stated to be a witness to the

         incident of kidnapping and assault. The investigation papers also

         shows that the recoveries were effected while the Applicants were

         attending the police station pursuant to the interim protection

         granted by this Court. Hence, the following order:-

                                                  ORDER

                     i.     The application is allowed.

                     ii.     The   interim   protection   granted    vide    order    dated

                            15/5/2026, is hereby confirmed.

                     iii. The Applicants shall attend the concerned police station as

                            and when called by the investigating officer.

                     iv. The Applicants shall submit their Aadhar Card and PAN

                            Card copy to the Investigating Officer and detailed

                            addresses and phone numbers of themselves and two of

                            the near relatives.

         7.                In view of the aforesaid terms and conditions, the

         application is allowed and disposed of.




                                                          ( MEHROZ K. PATHAN, J.)
Shantanu S. Dhudum


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