Bombay High Court
PRATIK DILIP KALE AND ANR.versusSTATE OF MAHARASHTRA AND ANR.
- Disposal
- Allowed
Holding
The Court granted anticipatory bail to Dilip Sitaram Kale, finding no prima facie material indicating his complicity in the offences.
Summary
The applicants, Pratik Kale and his father Dilip Sitaram Kale, filed an anticipatory bail application in Crime No. 153 of 2026 for alleged violations of the Essential Commodities Act, Insecticides Act, Fertilizer Control Order, Insecticides Rules and the Bharatiya Nyaya Sanhita. Pratik Kale withdrew his request, leaving Dilip Kale as the sole applicant. The State did not dispute the applicant’s claim that he had no involvement in the business of the co‑accused, though it noted that the property involved was in his name. The Court examined the material and found no prima facie evidence of Dilip Kale’s complicity, concluding that custodial interrogation was unnecessary. Consequently, the Court granted anticipatory bail to Dilip Kale subject to a personal bond, sureties and several reporting and conduct conditions. The order was pronounced as a final disposal of the anticipatory bail application.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail to Dilip Sitaram Kale under the applicable statutes?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4)
- Essential Commodities Act — s. 3(2)(a), 7(1)(a)(ii)
- Fertilizer Control Order Act — s. 12, 13, 19, 19(a), 19(b), 19(c), 19(c)(ii), 19(c)(iii), 19(c)(iv), 21(a), 22(b), 35
- Insecticides Act — s. 17, 18, 9
- Insecticides Rules Act — s. 10, 6, 9
Subjects
- anticipatory bail
- pre‑arrest bail
- essential commodities act
- insecticides act
- fertilizer control order
- bail conditions
- prima facie
- complicity
Judgment
Digitally
signed by
LAXMIKANT (6) ABA-459.26.DOCX
LAXMIKANT GOPAL
GOPAL CHANDAN
CHANDAN Date:
2026.08.18 lgc
10:25:26
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.459 OF 2026
1] Pratik Dilip Kale (Deleted)
2] Dilip Sitaram Kale : Applicants.
Versus.
The State of Maharashtra & anr. : Respondents.
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Mr. Rahul Dhaygude for the Applicants.
Ms. Shubhangi N Deshmukh, APP for the Respondents/State.
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CORAM : ASHWIN D. BHOBE, J.
DATED : 17 AUGUST 2026
PC:-
1. At the outset, Mr. Rahul Dhayagude, learned Advocate for
the Applicants, on instructions from Applicant No.1 (Pratik Dilip
Kale), seeks leave to withdraw the request for pre-arrest bail of
Applicant No.1 (Pratik Dilip Kale) in Crime No. 153 of 2026
registered with Vaduj Police Station for the offences punishable
under Section 3(2)(a), 7(1)(a)(ii) of Essential Commodities Act,
Section 17, 18, 9 of Insecticides Act, 12, 13, 19, 19(a), 19(b),
19(c), 19(c)(ii), 19(c)(iii), 19(c)(iv), 21(a), 22(b) & 35 of
Fertilizer Control Order Act, 10, 6, 9 of Insecticides Rules Act &
Section 318(4) of Bhartiya Nyaya Sanhita. This request is not
opposed by Ms. Shubhangi Deshmukh, learned APP for the
Respondents – State.
2. In view of the statement made by Mr. Rahul Dhaygude,
learned Advocate for the Applicants, leave is granted to withdraw
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(6) ABA-459.26.DOCX
the request for pre-arrest bail of Applicant No.1 (Pratik Dilip Kale)
in Crime No. 153 of 2026 registered with Vaduj Police Station. The
request for pre-arrest bail of Applicant No.1 (Pratik Dilip Kale) in
Crime No. 153 of 2026 registered with Vaduj Police Station stands
rejected and this Application is dismissed as against Applicant No.1
(Pratik Dilip Kale).
3. Mr. Rahul Dhaygude requests permission to carry out the
amendment in the cause title of this Application so as to delete
Applicant No.1 (Pratik Dilip Kale). Permission granted.
Amendment to be carried out forthwith.
4. Upon the amendment being carried out, Applicant No.2
(Dilip Sitaram Kale) becomes the sole Applicant in the present
Application.
5. By the present Application, the Applicant – Dilip Sitaram
Kale – is seeking pre-arrest bail apprehending arrest in Crime No.
153 of 2026 registered with Vaduj Police Station for offences
punishable under Section 3(2)(a), 7(1)(a)(ii) of the Essential
Commodities Act; Section 17, 18, 9 of the Insecticides Act; 12, 13,
19, 19(a), 19(b), 19(c), 19(c)(ii), 19(c)(iii), 19(c)(iv), 21(a),
22(b) & 35 of the Fertilizer Control Order Act; 10, 6, 9 of the
Insecticides Rules Act; and Section 318(4) of the Bharatiya Nyaya
Sanhita.
6. Mr. Rahul Dhaygude, learned Advocate for the Applicant,
submits that the implication of the Applicant – Dilip Kale in Crime
No.153 of 2026 is on account of his being the father of co-accused
Pratik Kale, who is the person linked to the offending material
found by the raiding party. He submits that apart from the relation
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(6) ABA-459.26.DOCX
the Applicant shares with Pratik Kale, there is no other material to
show that the Applicant is connected with the business of Pratik
Kale. He submits that the Applicant is not connected with the
business or the offending material in Crime No. 153 of 2026.
7. Ms. Shubhangi Deshmukh, learned APP for the Respondents,
does not contest the statement made by Mr. Dilip Dhaygude,
learned Advocate for the Applicant, that the Applicant– Dilip Kale
has no connection with the business of Pratik Kale. However, she
states that the property is in the name of the Applicant – Dilip
Kale.
8. Perused the records.
9. Considering the submissions made by Mr. Rahul Dhaygude,
learned Advocate for the Applicant and prima facie there being no
material to show complicity of the Applicant – Dilip Kale in the
crime, the custodial interrogation of the Applicant – Dilip Kale is
not necessary.
10. In view of the above, the request for pre-arrest bail of
Applicant – Dilip Kale is granted on the following terms :-
(a) In the event of arrest of the Applicant – Dilip Sitaram
Kale in the Crime No.153 of 2026 registered with Vaduj
Police Station, Satara, Applicant shall be released on bail
upon Applicant furnishing a PR bond in the sum of Rs.
50,000/- (Rupees Fifty Thousand each only), with two
sureties in the like amount to the to the satisfaction of
the Investigating Officer, Vaduj Police Station, Satara.
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(b) The Applicant shall appear and report to the
Investigating Officer at Vaduj Police Station, Satara, on
20 August 2026, 21 August 2026, 24 August 2026, and
25 August 2026, from 10:00 am to 12:00 pm and
thereafter as and when required by the Investigating
Officer at Vaduj Police Station, Satara. The Applicant
shall cooperate with the Investigating Officer in the
investigation of Crime No. 153 of 2026.
(c) The Applicant shall not directly or indirectly make any
inducement, threat or promise to any person/s
acquainted with the facts of the case to dissuade such
person/s from disclosing the facts to the Court or any
police officer.
(d) The Applicant shall not tamper with evidence in any
manner.
(e) The Applicant shall provide the Investigating Officer,
Vaduj Police Station, Satara, with his residential address
along with proof, his contact numbers and must inform
the Investigating Officer of any changes to this
information from time to time.
11. Observations made in this order are prima facie and are
intended to aid the passing of this order.
12. Anticipatory Bail Application No.459 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
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