NIKHIL SURESH KALEversusSTATE OF MAHARASHTRA

                                                                 928 & 933.ABA-2697.26 & ANR..DOC




             Digitally signed     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             by PRACHI
PRACHI       PRANESH
PRANESH      NANDIWADEKAR               CRIMINAL APPELLATE JURISDICTION
NANDIWADEKAR
             Date: 2026.10.03
             18:23:12 +0530
                            (928)ANTICIPATORY BAIL APPLICATION NO. 2697 OF 2025

                      Akash Tukaram Ghatole & Ors.                     … Applicants
                      V/s.
                      State of Maharashtra                             …. Respondent
                                                    WITH
                            (933) ANTICIPATORY BAIL APPLICATION NO. 2741 OF 2026

                      Nikhil Suresh Kale                               … Applicant
                      V/s.
                      State of Maharashtra                             …. Respondent
                                                  ______________________

                      Mr. Chetan Deshmukh a/w Mr. Rudra Tibhe, for the Applicants.
                      Mr. Swapnil V. Walve, APP for the Respondent-State in ABA
                      No.2697 of 2026.
                      Ms. M.R. Tidke, APP for the Respondent-State in ABA No.2741 of
                      2026.
                                             ______________________

                                                  CORAM : MADHAV J. JAMDAR, J.
                                                  DATED : 30 SEPTEMBER 2026
                      P. C. :-

                      1.         Heard Mr. Deshmukh, learned counsel appearing for the

                      Applicants and Mr. Walve, learned APP appearing for the

                      Respondent-State.


                      2.         By these applications filed under Section 482 of Bharatiya

                      Nagarik Suraksha Sanhita, 2023 the Applicants are seeking pre-



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arrest bail in connection with C.R. No.25 of 2026 registered with

Nashik Road Police Station, Nashik City for the offences punishable

under Sections 115(2), 308(4), 311, 351(2), 352 and 61(2) of the

Bhartiya Nyaya Sanhita, 2023.


3.      The prosecution case is set out in paragraph no.6 of the

order dated 7 September 2026 passed by the learned Additional

Sessions Judge, Nashik Road in Criminal Bail Application No.504

of 2026 which reads as under:-

      “6.       As per FIR, on 16/01/2026 at around 06.30 pm at More
      Mala, Muncipal Councilor Sharad More's residence, Jail Road-Nashik,
      Yash Garud and Deepak Sadakale, out of anger over the defeat Pawan
      pawar's mother, in the elections, beat informant,s brother Sharad with
      kicks and punches. Yash Garud took the sharp- edged weapon, stuck in
      his waist and swung it in the air and gave him a blow. Accordingly, FIR
      was lodged for the offences punishable under aforesaid Sections.”

4.      It is the submission of Mr. Deshmukh, learned counsel

appearing for the Applicant that the dispute has taken place due to

misunderstanding, on the issue of defeat of mother of co-accused-

Pawan Kumar in election. He submits that thereafter the dispute

between the First Informant is settled and in fact Criminal Writ

Petition No.3337 of 2026 has been filed seeking quashing, wherein

it is stated that the original complainant has voluntarily settled the




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matter and has categorically expressed her consent and has no

objection for quashing of F.I.R. and consequential proceedings.



5.       In any case, Mr. Deshmukh, learned counsel appearing for

the Applicant submits that the Applicants are not involved the

crime.



6.       On the other hand, learned APP appearing for the

Respondent-State strongly opposed the application.



7.       Perusal of the record shows that the as some dispute was

there during the election of the Municipal Counsellor, F.I.R. was

lodged. Admittedly, Criminal Writ Petition No.3337 of 2026 has

been filed seeking quashing of the F.I. R. as the First Informant has

settled the matter and expressed her consent and has no objection

for quashing of F.I.R. Thus, custodial interrogation is not necessary.


8.       Accordingly, in the facts and circumstances, the case is made

for a grant of anticipatory bail by imposing following conditions :-

                               ORDER

         (a)   In the event of arrest of the Applicants in connection

               with C.R.No.25 of 2026 registered with Nashik Road




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            Police Station, Nashik City, the Applicants are directed

            to be released on bail on furnishing P.R. Bond in the

            sum of Rs.30,000/- each       with one or two solvent

            sureties each in the like amount.

      (b)   The Applicants shall attend the concerned Police

            Station as and when necessary.

      (c)   The Applicants shall furnish their cell phone number

            and residential address to the Investigating Officer

            and shall keep the same updated, in case of any

            change thereto.

      (d)   The Applicants 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 Applicants shall not tamper with the prosecution

            evidence and shall not contact or influence the

            Complainant or any witness in any manner.




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9.    The observations made in this order are only for the purpose

of considering the Anticipatory Bail Applications and the learned

Trial Court shall not be influenced by these observations.



10.   Both the Anticipatory Bail Applications are disposed of

accordingly.



                                           [MADHAV J. JAMDAR, J.]




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