Bombay High Court
PRATIK JAYESH YEWALEversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicant with specified conditions.
Summary
The applicant, Pratik Jayesh Yewale, filed an anticipatory bail application in connection with CR No. 35 of 2019 alleging offences under Section 395 IPC, involving alleged robbery and assault. The prosecution alleged that the applicant was part of a group that assaulted the complainant, used a sharp weapon, and stole a gold chain. The applicant argued that four co-accused had already been released on regular bail and that his 14 prior antecedents were all registered in 2019 or earlier, suggesting a low risk of reoffending. The court noted that the investigation was practically complete and, despite the antecedents, found no reason to deny bail, but imposed stringent conditions to safeguard the investigation and witnesses. Consequently, the court granted anticipatory bail subject to a personal bond, sureties, regular police reporting, non‑interference with witnesses, and travel restrictions.
Issues considered
- Whether anticipatory bail should be granted to the applicant despite his 14 prior antecedents.
- Whether the completion of investigation and regular bail granted to co‑accused affect the grant of anticipatory bail.
- What conditions are appropriate to impose on anticipatory bail in a case under Section 395 IPC.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- anticipatory bail
- Section 395 IPC
- pre‑arrest bail
- criminal antecedents
- bail conditions
- investigation completed
Judgment
923-ABA-2664-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2664 OF 2026
Pratik Jayesh Yewale …Applicant
Versus
The State of Maharashtra …Respondent
Mr. Vivek Nandkishor Arote, a/w Mr. Akshay Dingale, for the
Applicant.
Ms. S.M. Yadav, APP, for the Respondent-State.
MR.Saheba Narayan Babar, ASI, attached to Rajgad Police Station,
Pune Gramin, present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 6th OCTOBER 2026
PC:-
1. Heard Mr. Arote, learned Counsel appearing for the Applicant
and Ms. Yadav, learned APP appearing for the Respondent-State.
2. By this application the Applicant is seeking pre-arrest bail in
connection with CR. No. 35 of 2019, registered with Rajgad Police
Station, Pune, for the offences punishable under Section 395 of
Indian Penal Code.
3. Mr. Arote, learned Counsel appearing for the Applicant,
submits that there are total five Accused out of which four have
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been arrested and released on Regular Bail. Charge-sheet has also
been filed against them. He submits that, although there are 14
antecedents they have been disclosed and all the antecedents are
registered in the year 2019 or earlier.
4. On the other hand, Ms. Yadav, Learned APP strongly opposes
the Application. She submits that Applicant is involved in the crime
and as there are 14 antecedents the Anticipatory Bail Application be
dismissed.
5. The Prosecution case is set out in Paragraph No. 2 a to f of the
Anticipatory Bail Application which reads as under:
a. It is alleged by the complainant (Sanket
Vishwas Hande) that on 18.11.2024 at about
10:30 p.m., after having dinner, the complainant
went near Trimurti General Stores in his village.
At about 10:45 p.m., the complainant and his
friend Asif Afhtar Mulla were sitting on a bench
outside the said shop and were conversing. It is
further alleged that, at that time, two unknown
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persons arrived on a Pulsar motorcycle and asked
the complainant and his friend for directions
towards Baneshwar. After obtaining the
directions, they allegedly inquired about the
availability of Goa gutkha and thereafter, left the
spot.
b. It is further alleged that after some time, the
said two persons returned along with three other
persons, thereby making a total of five persons,
who allegedly came on motorcycles.
c. It is further alleged that the said persons
stopped near the complainant and his friend and
questioned them about their presence at the spot.
It is further alleged that the said persons
assaulted the complainant and his friend. One of
the alleged assailants is stated to have taken out a
sharp-edged weapon/'Koyta' (sickle) concealed in
his jacket and allegedly placed the same against
the complainant's neck.
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d. It is alleged that, when the complainant and his
friend resisted, two of the persons picked up
wooden sticks lying nearby and assaulted them.
That during the said incident, the complainant
sustained an injury to his right hand due to the
alleged assault with the sharp weapon.
e. It is further alleged that the accused persons
gold chain weighing thereafter snatched a gold
chain weighing approximately four tolas, valued at
about 1,20,000/-, from the complainant and fled
from the spot on their motorcycles towards Pune.
f. It is further stated that owing to fear, the
complainant did not immediately disclose the
incident to his family. Subsequently, upon being
questioned by his father regarding the missing
gold chain, the complainant allegedly disclosed
the incident and thereafter approached the police
station and lodged the present complaint. Based
on these allegations which are more detailed in
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the aforesaid FIR came to be registered with the
Rajgad Police Station, Pune.
6. Perusal of the record shows that the offence is registered
against unknown persons. Out of five Accused four Accused have
been arrested and released on Regular Bail and the charge-sheet is
also filed against them. Therefore, the investigation is practically
completed even against the Applicant.
7. Although there are 14 antecedents registered against the
Applicant all the offences were registered in the year 2019 or prior
thereto.
8. Thus, case is made out for grant of Anticipatory Bail,
however, stringent conditions are required to be imposed.
9. In view thereof, the following order is passed:
ORDER
a. In the event of arrest of the Applicant-
Pratik Jayesh Yewale in connection with C.R.
No. 35 of 2019 registered with the Rajgad
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Police Station, Pune the Applicant is directed
to be released on bail on his furnishing P.R.
Bond in the sum of Rs.50,000/- with one or
two solvent sureties in the like amount.
b. The applicant shall attend the concerned
police station once in a week on every
monday between 10:00 a.m. to 02:00 p.m.
till filing of the charge-sheet against the
applicant and if the charge-sheet is filed, once
within 15 days i.e on every first and third
sunday between 11:00 a.m. to 01:00 p.m. In
addition, the Applicant shall attend the
concerned Police Station as and when called.
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
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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.
10. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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