Bombay High Court

NITTEN LAXMANRAO CHAVANversusSTATE OF MAHARASHTRA

Decided: 28 January 2026
Disposal: Disposed Off
Bench: MADHAV JAMDAR

Holding

The Court confirmed the grant of anticipatory bail, disposing of the applications in terms of the earlier interim order.

Summary

The applicants, Nitten Laxmanrao Chavan and Sarfraj Ahmed Ulfatali Shaikh, filed anticipatory bail applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for offences under Sections 316(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66, 66(B) and 72A of the Information Technology Act, 2000. A Single Judge had earlier granted interim protection on 13 December 2024. The State opposed the applications, but the High Court held that the facts and circumstances justified granting anticipatory bail. Consequently, the applications were disposed of in accordance with the earlier interim order, effectively confirming the bail. The interim application, if any, was also disposed of.

Issues considered

Whether anticipatory bail should be granted under Section 482 of the BNSS for offences punishable under Sections 316(4) and 61(2) of the BNS and Sections 66, 66(B), 72A of the IT Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 316(4), 61(2)
Information Technology Act, 2000 — s. 66, 66(B), 72A

Subjects

anticipatory bail
Section 482
pre‑arrest bail
Bharatiya Nagarik Suraksha Sanhita
Bharatiya Nyaya Sanhita
Information Technology Act
criminal procedure

Judgment

                                              610 ABAS 3374,3381.24.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
         ANTICIPATORY BAIL APPLICATION NO.3374 OF 2024
Nitten Laxmanrao Chavan                              …Applicant
      Versus
State of Maharashtra & Anr.                          …Respondents

                             WITH
         ANTICIPATORY BAIL APPLICATION NO.3381 OF 2024
Sarfraj Ahmed Ulfatali Shaikh                        …Applicant
      Versus
State of Maharashtra                                 …Respondent


Mr. Narayan G. Rokade a/w Mr. Ranchandra Wagh for Applicant in
ABA No. 3381 of 2024.
Mr. Siddharth Sutaria a/w Mr. Suyash Khose and Mr. Pushkar
Durge for Applicant in ABA No. 3374 of 2024.
Ms. S.M. Yadav, APP for the State.
PSI, P.B. Kale, Mahalunge MIDC Police Station, present.


                        CORAM:     MADHAV J. JAMDAR, J.
                        DATED :    28th January 2026
P.C.:


1.       Heard learned Counsel for the Applicants and the learned

APP for the State.



2.       By these applications filed under Section 482 of the

Bharatiya     Nagarik   Suraksha   Sanhita,   2023    (“BNSS”),    the

Applicants are seeking pre-arrest bail in connection with C.R.




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                                                610 ABAS 3374,3381.24.DOC




No.765 of 2024 registered with Mahalunge MIDC Police Station,

District- Pimpri Chinchwad, for the offences punishable under

Sections 316(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023

(“BNS”) and under Sections 66, 66(B) and 72A of the Information

Technology Act, 2000.



3.       A learned Single Judge, by Order dated 13th December 2024

has granted interim protection. The Charge-sheet is already filed.



4.       Although, Ms. Yadav, learned APP strongly oppose the

Anticipatory Bail Applications, in the facts and circumstances, the

case is made out for grant of Anticipatory Bail to the Applicants.


5.       Accordingly, Anticipatory Bail Applications are disposed of in

terms of Order dated 13th December 2024.

6.       In view of disposal of the Anticipatory Bail Applications,

nothing survives in the Interim Application, if any, and the same is

also disposed of.


                                              (MADHAV J. JAMDAR, J.)




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