Bombay High Court
BALASAHEB NANDU DALBHAGATversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
- Bench
- MADHAV JAMDAR
Holding
The court granted anticipatory bail to the applicants with specified conditions.
Summary
The applicants filed anticipatory bail applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre‑arrest bail for alleged offences under Sections 115(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising from an assault on the first informant. The prosecution argued that the injuries were grievous, warranting denial of bail. The court noted that a Single Judge had already granted interim protection on 13 January 2025, which remained in force and showed no evidence of misuse. Considering the continued interim protection and the lack of contrary material, the court found the case made out for granting anticipatory bail. Accordingly, the court ordered the release of the applicants on bail with a bond of Rs.25,000 each and imposed standard conditions such as cooperation with investigation, non‑interference with witnesses, and restriction on travel abroad.
Issues considered
- Whether anticipatory bail should be granted despite the allegation of grievous injuries to the complainant.
- Whether the interim protection previously granted has been misused, warranting its revocation.
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to grant anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 118(2), 3(5)
Subjects
- anticipatory bail
- Section 482
- grievous injury
- bail conditions
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
902-ABA-3593-2024.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.3593 OF 2024
1. Santosh Bhagwat Adole …Applicants
2. Gaurav Santosh Adole
Versus
The State of Maharashtra & Anr. …Respondents
Digitally
signed by
ARJUN WITH
ARJUN VITTHAL
VITTHAL KUDHEKAR ANTICIPATORY BAIL APPLICATION NO.3595 OF 2024
KUDHEKAR Date:
2026.01.28 Balasaheb Nandu Dalbhagat …Applicant
22:04:00
+0530 Versus
The State of Maharashtra & Anr. …Respondents
Mr. Abhijeet Khade i/b S. P. Dighe, for the Applicants.
Ms. S. M. Yadav, APP, for the Respondent-State.
Ms. Priyanka H. Chavan, for Respondent No.2.
Head Constable G. S. Deokar, Ghoti Police Station, Nashik Rural,
present.
CORAM: MADHAV J. JAMDAR, J.
DATED: 28 JANUARY 2026
PC:-
1. Heard Mr. Khade, learned Counsel appearing for the
Applicants, Ms. Yadav, learned APP for the Respondent-State of
Maharashtra and Ms. Chavan, learned Counsel for Respondent
No.2.
2. By the present Anticipatory Bail Application filed under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
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902-ABA-3593-2024.DOC
Applicants are seeking pre-arrest bail in connection with CR
No.564 of 2024 registered with the Ghoti Police Station, Nashik
Rural, for the offences punishable under Sections 115(2), 118(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the Accused assaulted the First
Informant due to some financial dispute.
4. Ms. Yadav, learned APP and Ms. Chavan, learned Counsel
appearing for Respondent No.2, submit that the injuries are
grievous in nature and therefore Anticipatory Bail Application be
rejected.
5. A learned Single Judge has already granted interim
protection by Order dated 13th January 2025. The said protection
continues till date. Nothing is pointed out to show that the said
protection is misused.
6. Thus, in the facts and circumstances and as the interim
protection is continuing for last about more than one year, case is
made out for grant of anticipatory bail.
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902-ABA-3593-2024.DOC
7. Accordingly, the following Order is passed:
ORDER
(a) In the event of arrest of the Applicant No.1 - Santosh
Bhagwat Adole and Applicant No.2 - Gaurav Santosh
Adole (Anticipatory Bail Application No.3593 of 2024)
and the Applicant - Balasaheb Nandu Dalbhagat
(Anticipatory Bail Application No.3595 of 2024), in
connection with CR No.564 of 2024 registered with
the Ghoti Police Station, Nashik Rural, they be
released on bail on their furnishing PR Bond in the
sum of Rs.25,000/- each with one or two solvent
sureties each in the like amount.
(b) The Applicants shall attend the concerned Police
Station on 4th February 2026 and 5th February 2026,
between 11:00 am to 02:00 pm and thereafter as and
when called by the Investigating Officer till filing of
the Charge-sheet and shall cooperate with the
investigation.
(c) The Applicants shall furnish their cell phone numbers
and residential addresses to the Investigating Officer
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902-ABA-3593-2024.DOC
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.
(f) The Applicants shall not leave India without prior
permission of the Court.
8. The Anticipatory Bail Applications are disposed of
accordingly.
9. This Court places on record its appreciation for the
assistance rendered by Ms. Priyanka Chavan, learned Counsel
appointed to represent the interest of the Respondent No.2.
[MADHAV J. JAMDAR, J.]
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