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Bombay High Court

ANKUR SAMBHAJI SALUNKHEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal
Allowed

Holding

The Court allowed the anticipatory bail, confirmed the earlier order, and imposed additional conditions, making the bail absolute.

Summary

The applicant, Ankur Sambhaji Salunkhe, filed an anticipatory bail application in connection with Crime No. 370 of 2025, which involves offences under the Bharatiya Nyaya Sanhita, 2023 (sections 69, 115(2), 351(2), 351(3)) and the Indian Penal Code (sections 376, 504, 506). The High Court initially granted interim bail on 11 December 2025, subject to certain conditions, and subsequently extended the protection through a series of interim orders. On 10 June 2026, the respondent No. 3 alleged that the applicant had threatened the victim, presenting screenshots of alleged messages, prompting the Court to impose additional stringent conditions. The applicant contested the allegations and offered to surrender his mobile device and cooperate fully with the investigation. After hearing both sides, the Court confirmed the earlier order, added further conditions restricting the applicant’s movement and contact with the victim, and made the anticipatory bail absolute, disposing of the application.

Issues considered

  • Whether the anticipatory bail granted earlier should be continued despite allegations of the applicant threatening the victim
  • Whether additional conditions are necessary to allay the apprehensions of the victim and respondent No. 3
  • Whether the applicant’s cooperation with the investigation affects the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Indian Penal Code
  • sexual offences
  • threats to victim
  • court conditions
  • cooperation with investigation

Judgment

                                                            17-ABA-2499-2025.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
           ANTICIPATORY BAIL APPLICATION NO. 2499 OF 2025


Ankur Sambhaji Salunkhe                                   … Applicant
      Versus
The State of Maharashtra And Ors.                       … Respondents
                                 ----
Mr. Gautam Powar a/w Vinay Kadam, for the Applicant.
Mr. S. S. Chaudhari, APP for the Respondent – State.
Mr. Pravinkumar Yadav, for the Respondent No. 3.
Mr. A. S. More, PC – 62, Satara Taluka Police Station, is present.
                                   -------

                                 CORAM :     ASHWIN D. BHOBE, J.
                                  DATE :     19th August, 2026.
P.C. :


1.       Heard Mr. Gautam Powar, learned Advocate for the Applicant, Mr.

S. S. Chaudhari, learned APP for the Respondent – State and Mr.

Pravinkumar Yadav, learned Advocate for the Respondent No. 3.



2.       By this Application, the Applicant seeks pre-arrest bail in

connection with Crime No. 370 of 2025 registered with the Satara

Taluka Police Station, for offences punishable under Sections 69,

115(2), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and

under Sections 376, 504, and 506 of the I.P.C.


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3.      The following orders passed in this Application would be relevant

as reproduced:


           (a)      Order dated 11.12.2025:-

           1.             Learned counsel for the applicant submits that
           physical relation between the applicant and victim was
           consensual..Investigation is completed and charge-sheet has
           been filed.
           2.             Learned APP on instructions submits that charge-
           sheet is 2.
           3.            Considering the submissions of the learned
           counsel for the applicant and learned APP, I pass following
           order:
                                           ORDER
           I.              Till next date, in the event of arrest of applicant
           in C.R. No. 370 of 2025 registered with Satara Taluka Police
           Station, District: Satara, he be enlarged on bail on furnishing
           P.R. Bond in the sum of Rs. 15,000/- with one or two sureties in
           the like amount.
           II.    The applicant shall attend the concerned police station
           as and when required.
           4.            Applicant to add the first informant as party
           respondent. Amendment to be carried out forthwith.
           5.            After amendment is carried out, issue notice to
           the added respondent, returnable on 23rd December 2025.
           6.           Investigating Officer to inform the first informant
           about pendency of this application.




           (b)      Order dated 17.01.2026:-



           1.             Not on board. Upon mentioning, taking on
           board.
           2.            The counsel for Applicant has moved this
           praecipe for extension of interim protection granted on 11 th
           December 2025 by this Court in Anticipatory Bail Application. It
           was extended on 23rd December 2025 till 15th January 2026. As
           the regular Court is not available today and Anticipatory Bail
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        Application was expected to be listed today, but not listed, the
        interim protection granted on 11 th December 2025 is continued
        till next date.
        3.             Stand over on 2nd February 2026.



        (c)    Order dated 02.02.2026 :-


        1.             Applicant undertakes to surrender his cellphone
        and laptop for investigation purpose and cooperate in the
        investigation.

        2.           Applicant to attend the concerned police station
        from 5 February 2026 to 9th February 2026 between 10.00 a.m.
               th

        to 1.00 p.m.

        3.             Stand over to 12th February 2026.

        4.             Interim relief, if any, to continue.


        (d)    Order dated 10.06.2026 :-


        1.            Heard learned counsel for the Applicant, learned
        APP for the Respondent-State, and learned counsel appearing
        for Respondent No.3.

        2.             Learned counsel Mr. Pravinkumar B. Yadav
        appearing for Respondent No.3 has tendered an affidavit on
        record, inter alia, alleging that during the pendency of the
        interim order, the Applicant extended threats to the victim.
        Screenshots of the alleged threatening messages have also been
        placed on record along with the affidavit.

        3.             Learned counsel for the Applicant disputes the
        said allegations and submits that the Applicant has neither
        forwarded the alleged messages nor committed any breach of
        the conditions of the interim order.

        4.              Learned counsel for the Applicant seeks leave to
        file a counter affidavit to that effect on the next date of hearing.
        Leave granted.

        5.             However, taking into consideration, the
        apprehensions expressed by the victim girl and the screenshots
        placed on record, I am inclined to pass the following order :-

                                         ORDER
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           I.            In addition to the conditions imposed by this
           Court vide order dated 11th December, 2025, the following
           conditions imposed:-

           A)             The Applicant shall attend the Satara Taluka
           Police Station, Satara on every Friday and Saturday between
           11:00 a.m. to 1:00 p.m. until further orders.

           B)              The Applicant shall not enter into the
           jurisdiction of Satara City Police Station until further orders of
           this Court, except for attending the dates as aforesaid.

           C)               The Applicant shall not make any contact with
           the victim girl.

           D)             A single violations of the additional conditions
           imposed by this Court today shall be taken note of seriously on
           the next date of hearing.

           E)           Interim relief granted earlier vide order dated
           11th December, 2025 to continue till the next date.

           6.             Stand over to 16th July, 2026.




4.      Mr. Gautam Powar, learned Advocate for the Applicant states that

Crime No. 370 of 2025 is now registered as Sessions Case No. 23 of

2026 and is pending before the Sessions Court, Satara (“Trial Court”).



5.      Mr. Gautam Powar, learned Advocate for the Applicant, tenders

Affidavit dated 16.07.2026, affirmed by the Applicant before the Notary

Shivaji Tukaram Chougule. The same is taken on record and marked

“X” for identification. He states that a copy of the same is furnished to

Mr. S. S. Chaudhari, learned APP and Mr. Pravinkumar Yadav, learned

Advocate for the Respondent No. 3.



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6.      Mr. Gautam Powar, learned Advocate for the Applicant, has put

forth the Applicant's standpoint in the Affidavit (X) and on specific

instructions from the Applicant, states that the Applicant shall surrender

his mobile handset along with SIM card No. 9226053787 to the

Investigating Officer at the Satara Taluka Police Station by 21.08.2026.

Mr. Gautam Powar, learned Advocate for the Applicant, requests that

the Investigating Officer inquire into the WhatsApp message which

Respondent No. 3 had placed before this Court on 10.06.2026. He

further states that the Applicant has cooperated with the investigation

in Crime No. 370 of 2025 and shall continue to cooperate with the

investigation in the said crime.



7.      Mr. S. S. Chaudhari learned APP for the Respondent – State , on

instructions from the Investigating Officer, Satara Taluka Police Station,

states that the Applicant has cooperated with the investigation in Crime

No. 370 of 2025. Mr. S. S. Chaudhari states that in view of the

apprehension expressed by the Respondent No. 3, as recorded in the

order dated 10.06.2026, stringent conditions be imposed on the

Applicant so that the apprehension in the mind of the Respondent No. 3

can be allayed. He submits that one condition this Court may consider

imposing is that the Applicant shall not enter the jurisdiction of Satara

City Police Station until the examination of Respondent No. 3 in
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Sessions Case No. 23 of 2026.



8.      Mr. Pravinkumar Yadav, learned Advocate for Respondent No. 3,

states that the imposition of stringent conditions would allay the

apprehension in the mind of Respondent No. 3.



9.      Mr. Gautam Powar, learned Advocate for the Applicant, states

that until the conclusion of the examination (oral testimony) of

Respondent No. 3 before the Court in Sessions Case No. 23 of 2026, the

Applicant shall not enter the jurisdiction of the Satara City Police

Station. The statement made by Mr. Gautam Powar, learned Advocate

for the Applicant, on instructions from the Applicant, is accepted.



10.     In view of the above, this Application is allowed by confirming

the order dated 10.06.2026 and making it absolute with the following

additional conditions:-



           (a)   The Applicant shall not enter the territorial

           jurisdiction of Satara City Police Station until the

           examination of Respondent No. 3 before the Trial

           Court in Sessions Case No. 23 of 2026, except to

           appear before the Trial Court as and when Sessions

           Case No. 23 of 2026 is fixed.
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                                (b)    Applicant shall not, directly or indirectly, make

                                any inducement, threat or promise to Respondent No.

                                3 or to any person /s acquainted with the facts of the

                                case, to dissuade such person /s from disclosing those

                                facts to the Court or any police officer. Applicant shall

                                not tamper with evidence.



                                (c)    Applicant shall regularly appear before the Trial

                                Court, in Sessions Case No. 23 of 2026, whenever the

                                matter is fixed, unless specifically exempted.



                     11.     Anticipatory Bail Application No. 2499 of 2025 is disposed of.



                                                                      (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.08.20
        10:31:34
        +0530




                     Arjun                              7


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