Created by Fuzzy Cloud

Bombay High Court

RAKESH TUKARAM KOSHTIversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court granted anticipatory bail to the applicant with conditions, finding that the alleged role of merely providing a vehicle did not justify denial of bail.

Summary

The High Court considered an anticipatory bail application filed by Rakesh Tukaram Koshti under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a FIR alleging offences under the Bharatiya Nyaya Sanhita, the Arms Act and the Maharashtra Police Act. The prosecution alleged that the applicant had provided a vehicle to the main assailant in a violent incident that resulted in grievous injuries, while the applicant contended that his only role was merely harbouring the accused and that he had no direct participation in the crime. The court examined the applicant’s antecedent record, noting that most cases were dated before 2017 and that he had been acquitted in six of them, including the most recent case of 2023. Weighing the limited alleged involvement against the applicant’s criminal history, the court found sufficient ground to grant anticipatory bail, subject to stringent conditions to ensure cooperation with the investigation and prevent interference with witnesses. The order directed the applicant to furnish a bond, attend the police station on specified dates, provide contact details, refrain from influencing witnesses, and not leave India without permission.

Issues considered

  • Whether the applicant, alleged to have provided a vehicle to the main assailant, is liable to be arrested and denied anticipatory bail under Section 482 BNSS.
  • Whether the applicant's prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • harbouring
  • criminal antecedents
  • bail conditions
  • BNSS
  • BNS
  • Arms Act
  • Maharashtra Police Act

Judgment

                                                  44-ABA-2559-2026.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.2559 OF 2026


Rakesh Tukaram Koshti                                …Applicant
      Versus
The State of Maharashtra                             …Respondent


Mr. Pratik Kalantri (through Video Conferencing) a/w. Mr. Mahesh
Pawar, for the Applicant.
Mrs. M. R. Tidke, APP, for the Respondent-State.
Mr. Dattatraya Pote, PSI, attached to Sarkarwada Police Station,
Nashik, present.


                       CORAM:      MADHAV J. JAMDAR, J.
                       DATED :     5th OCTOBER 2026
PC:-


1.       Heard Mr. Kalantri, 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.275 of 2025 registered with

Sarkarwada Police Station, Nashik, for the offences punishable

under Sections 109, 140, 118(2), 191(3), 190, 351(2) and 352 of




                                 Page 1
Sonali
                                                 44-ABA-2559-2026.DOC




the Bharatiya Nyaya Sanhita, 2023 (“BNS”), Sections 3, 25 of the

Arms Act, 1959 and Section 135 of the Maharashtra Police Act,

1951.



3.       It is the submission of Mr. Kalantri, learned Counsel

appearing for the Applicant that the only role attributed to the

Applicant is of harbouring the accused. He submits that there is no

other role attributed to the Applicant. He submits that the

Applicant is not involved in the crime. He further submits that

although there are 11 antecedents, most of the antecedents were

registered before 2017 and one antecedent is of the year 2023. He

submits that the Applicant has been acquitted in six cases and

details of the same are set out on page 5 and 6 of the Anticipatory

Bail Application.



4.       On the other hand, Mrs. Tidke, learned APP strongly opposes

the Anticipatory Bail Application. She submits that the Applicant is

involved in the crime. The Applicant has provided a vehicle to the

main assailant when the main assailant had gone to Belgaum. She

therefore, submits that the Anticipatory Bail Application be

rejected.




                                 Page 2
Sonali
                                                 44-ABA-2559-2026.DOC




5.       The prosecution case is set out in paragraph No.2 of the

order dated 24th August 2026, passed by the learned Additional

Sessions Judge, Nashik, in Criminal Bail Application No.1607 of

2026, which reads as under:



            “2. According to the prosecution, on 29-09-2025
            at about 01-30 to 02-00 a.m. while the
            informant, his friend Sachin Sangale and
            Rishikesh Jadhav were proceeding towards Vise
            Square by car, at that time the accused Tukaram
            Chothave and Ajay Borisa along with 10 to 12
            other associates came there in two cars and said
            had he came there to kill them. The scuffle
            started between them. Accused Ajay Borisa shot
            fire twice from the gun. The informant dodged
            the gun and saved his life. The accused and their
            associates then carried the informant in their 7-
            seater car to Ramwadi, Adarshnagar. Other
            accused taken Sachin Sangale and Rishikesh
            Jadhav in their car in the same direction.
            Informant’s friend Sachin Sangale ran away from
            the spot. At that time the friend of informant
            namely Sachin Sangale started running from the
            spot, at that time accused Ajay Borisa fired gun
            towards Sachin but it was landed on the dickey of
            the car. The accused assaulted badly to the
            informant and his brother-in-law Rishikesh
            Jadhav by iron Tommy and fists and kick. The
            informant and the Rishikesh Jadhav sustained
            grievous fracture injuries. The accused Ajay
            Borisa and Tukaram Chothave having grudge
            against the informant on the count of their
            previous enmity attacked him with intention to
            kill. Hence, the report.”




                                Page 3
Sonali
                                                     44-ABA-2559-2026.DOC




6.       Even as per the prosecution case the Applicant is not

involved in the main incident. The only role which is attributed to

the present Applicant is that the present Applicant has provided a

vehicle to the main assailant when has has gone to Belgaum. The

said vehicle is standing in the name of Applicant’s father. Thus, the

only role attributed to the Applicant is harbouring the accused.

Although there are 11 antecedents against the Applicant, most of

the FIRs registered between the period from 2006 to 2017. The

last offence is of the year 2023, where the Applicant has been

acquitted.



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

Bail by imposing stringent conditions. In view thereof, the

following order is passed:


                               ORDER

         (a)   In the event of arrest of the Applicant-Rakesh

               Tukaram Koshti in connection with C.R. No.275 of

               2025 registered with the Sarkarwada Police Station,

               Nashik, the Applicant is directed to be released on bail

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




                                  Page 4
Sonali
                                                   44-ABA-2559-2026.DOC




               Rs.1,00,000/- with one or two solvent sureties in the

               like amount.

         (b)   The Applicant shall attend the concerned Police

               Station on 12th October 2026 and 13th October 2026

               between 11:00 a.m. to 02:00 p.m. and shall cooperate

               with the investigation.

         (c)   The Applicant shall attend the concerned Police

               Station once in fifteen days on every first and third

               Sunday between 11:00 a.m. to 02:00 p.m. till

               conclusion of the trial.

         (d)   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.

         (e)   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.

         (f)   The Applicant shall not tamper with the prosecution




                                  Page 5
Sonali
                                                    44-ABA-2559-2026.DOC




               evidence and shall not contact or influence the

               Complainant or any witness in any manner.

         (g)   The Applicant shall not leave India without prior

               permission of the Court.


8.       The Anticipatory Bail Application is disposed of accordingly.




                                            [MADHAV J. JAMDAR, J.]




                                  Page 6
Sonali


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.