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Bombay High Court

ANKUSH RAM BIDKARversusSTATE OF MAHARASHTRA

Disposal
Dismissed

Holding

The anticipatory bail application is dismissed because the applicant violated the conditions of the earlier interim bail.

Summary

The applicant, Ankush Ram Bidkar, sought anticipatory bail in a case involving alleged abetment of suicide, criminal conspiracy, extortion and offences under the Maharashtra Money Lending Act. The trial court had earlier granted interim bail to the applicant's wife but conditioned the applicant to appear before the investigating officer on specified dates and to cooperate with the investigation. The applicant failed to appear on the mandated dates and did not maintain contact with his counsel, leading the State to argue that he violated bail conditions. The court examined whether such non‑compliance justified dismissal of the anticipatory bail application. Finding that the applicant had breached the conditions of the earlier interim bail and abused the process, the court dismissed the anticipatory bail application. Consequently, the applicant remains liable for arrest under the pending FIR.

Issues considered

  • Whether the applicant is entitled to anticipatory bail despite alleged non‑compliance with earlier bail conditions.
  • Whether violation of bail conditions warrants dismissal of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • bail conditions
  • violation of bail
  • suicide abetment
  • money lending
  • IPC
  • Maharashtra Money Lending Act

Judgment

                                                        912-ABA-2819-2023 (CR).docx


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

              CR. ANTICIPATORY BAIL APPLN. NO. 2819 OF 2023

Ankush Ram Bidkar                                       …...Applicant
                    Versus.
State of Maharashtra                                    …...Respondent

                                        -----
Mr. Ritesh M. Thobde a/w. Mr. Darshan Singh Rajpurohit & Mr. Changdev
Shingade for Applicant.
Mr. Nitin B. Patil, A.P.P. for Respondent-State.
Officer : PC/869 Mr. S.S. Shinde, Pandharpur City Police Station, present.
                                       -------

                                  Coram :       ASHWIN D. BHOBE, J.

                                  Date      :   30th September 2026.

PER COURT :


1.      Heard, Mr. Ritesh Thobde, learned Advocate for the Applicant and Mr.

Nitin Patil, learned A.P.P. for the Respondent-State.


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

arrest in Crime No. 09 of 2022, dated 4 th January 2022, registered with

Pandharpur City Police Station, District Solapur, for offences punishable

under Sections 306, 506 and 120(b) read with 34 of the Indian Penal Code

(I.P.C.), and Sections 39 and 45 of the Maharashtra Money Lending Act,

2014.



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3.    On 7th October 2023, the following order was passed :

       “1) Heard the learned counsel for the applicant and the learned APP
           for the State.
       2)   This is an application for pre-arrest bail in connection with C.R.
            No. 9 of 2022, registered with City Police Station. Pandharpur. for
            the offences punishable under Sections 120B. 306 and 506 read
            with Section 34 of Indian Penal Code, 1860 ("the Penal Code") and
            Sections 39 and 45 of Maharashtra Money Lending (Regulation)
            Act, 2014.
       3)   The deceased, who was the brother of the first informant. died by
            suicide. A suicide note was found, wherein it was alleged that the
            deceased had availed a loan from Shekhar, the brother-M in-law of
            the applicant, and the co-accused. In order to coerce the deceased
            to repay the said loan amount along with interest, the accused No.
            1 Shekhar and the applicant and his wife, who is the sister of
            applicant No. 1 Shekhar, allegedly harassed the deceased.
       4)   This Court was persuaded to grant pre-arrest bail to Suvarna, the
            wife of the applicant, as she was not specifically named in the
            suicide note.
       5)   The learned Counsel for the applicant submitted that the
            transaction was between the deceased and the accused No. 1
            Shekhar. Even the alleged notarized Sale-deed was executed by
            and between the deceased and accused No. 1 Shekhar.
       6)   The learned APP seeks time to take instructions as the
            Investigating Officer is not present.
       7)   Prima facie, the transaction appeared to have been between the
            deceased and accused No. 1. who was arrested and has since
            released on bail. The question as to whether the applicant had also
            abetted the commission of suicide by the deceased by indulging a
            direct or proximate act or omission would warrant consideration.
       8)   In view of the above. I am inclined to grant interim protection
            while directing the applicant to join in the investigation.
       9)   Hence, the following order :-
                                            ORDER
              1)   In the event of arrest of the applicant in connection with
                   C.R. No. 9 of 2022, registered with City Police Station.
                   Pandharpur. for the offences punishable under Sections
                   120B, 306 and 506 read with Section 34 of Indian Penal


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                     Code, 1860 and Sections 39 and 45 of Maharashtra Money
                     Lending (Regulation) Act, 2014, the applicant be released
                     on bail on executing a PR Bond in the sum of Rs.30.000/-
                     with one or two sureties in the like amount.
               II)   The applicant shall co-operate with the investigation and
                     attend City Police Station, Pandharpur, on 16th, 17th and
                     18th October, 2023 in between 10.00 am to 1.00 pm and.
                     thereafter, as and when directed by Investigating Officer.
               III) The applicant shall not tamper with the prosecution
                    evidence and/or give threat or inducement to the first
                    informant and any of the persons acquainted with the facts
                    of the case.
               IV) Stand over to 4th November, 2023.”


4.    This matter was listed on 29th September 2026. At the request of Mr.

Ritesh Thobde, learned Advocate for the Applicant, to enable him to take

instructions from the Applicant, it is listed today.


5.    Mr. Nitin Patil, learned A.P.P. for the Respondent-State, on instructions

from the Investigating Officer, states that despite the order dated 7th October

2023, the Applicant failed to appear before the Investigating Officer on 16th,

17th and 18th October, 2023 as fixed in paragraph 9(II) of that order. He

submits that the Applicant has failed to abide by the conditions of bail and

has, in fact, flouted them. He therefore submits that the present Anticipatory

Bail Application be dismissed with costs, as the Applicant has abused the

process of law.


6.    Mr. Ritesh Thobde, learned Advocate for the Applicant, submits that

the Applicant has not been in contact with the Advocate on record since



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                              October 2023. He further states that several attempts by the Advocate on

                              record to contact the Applicant, even as of yesterday, have proved futile. In

                              view of the Applicant's non-contact with the Advocate on record, he has no

                              instructions from the Applicant.


                              7.    In view of the statement made by Mr. Nitin Patil, learned A.P.P. for the

                              Respondent-State, on instructions from the Investigating Officer, City Police

                              Station, Pandharpur, investigating Crime No. 9 of 2022, that the Applicant

                              has not abided by and complied with the order dated 7 th October 2023

                              granting ad-interim bail, the Applicant has violated the privilege of bail

                              granted to the Applicant. Such conduct, as submitted by Mr. Nitin Patil,

                              learned A.P.P. for the Respondent-State, cannot be countenanced. The

                              Applicant's failure to even remain in contact with his own Advocate, as stated

                              by Mr. Ritesh Thobde, indicates that the Applicant has taken the Court

                              proceedings for granted.


                              8.    In view of the above, this Court has no alternative but to accept the

                              submission made by Mr. Nitin Patil, learned A.P.P. for the Respondent-State

                              and decline any indulgence to the Applicant in this Application.


                              9.    Anticipatory Bail Application No.2819 of 2023 is therefore dismissed.



           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR
SHIVAHAR
           KUMBHAKARN                                                [ ASHWIN D. BHOBE, J. ]
KUMBHAKARN Date:
           2026.10.01
           10:45:16
           +0530




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