TUSHAR ALIAS BALAJI TANAJI NAGTILAK AND ANRversusTHE STATAE OF MAHARASHTRA AND ORS

                                                        901-ABA-496-2026 (CR).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR

                    CRIMINAL APPELLATE JURISDICTION

             CR. ANTICIPATORY BAIL APPLN. NO. 496 OF 2026

Tushar @ Balaji Tanaji Nagtilak & Anr.                … Applicants
                    Versus.
The State of Maharashtra & Ors.                       … Respondent


                                        -----
Mr. Mahadeo A. Choudhari for the Applicants.
Dr. A.A. Takalkar, A.P.P. for the Respondent Nos.1 & 3-State.
Officer : PSI Mr. S.S. Shendage, Pandharpur Taluka Police Station, present.
                                       -------

                                  Coram :      ASHWIN D. BHOBE, J.

                                  Date     :   2nd September 2026.

PER COURT :


1.    Heard, Mr. Mahadeo A. Choudhari, learned Advocate for the Applicants

and Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos.1 & 3-State.


2.    The Applicants, by this     Application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, seek pre-arrest bail in connection

with Crime No. 0525 of 2026, registered with Pandharpur Taluka Police

Station, District Solapur Rural, for offences punishable under Sections

115(2), 118(1), 189(2), 190, 191(2), 191(3), 324(4), 351(1), 351(2) and



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352 of the Bharatiya Nyaya Sanhita, 2023.




3.    Mr. Mahadeo A. Choudhari, learned Advocate for the Applicants,

submits that upon filing the Criminal Bail Application No. 579 of 2026, the

Applicants had urged and pressed for interim reliefs in the said Application.

Mr. Choudhari states that on 24 th August 2026, the Applicant advanced

arguments for interim bail and calling for the say of the Respondent / learned

A.P.P. in Criminal Bail Application No. 579 of 2026. He submits that the

Applicant had not advanced arguments on the main Criminal Bail Application

No. 579 of 2026, as the Respondent (office of the learned A.P.P.) was not

notified and the say of the Respondent was yet to be filed. He submits that

the Sessions Court, for the reasons recorded in the order dated 24 th August

2026, has dismissed the Criminal Bail Application No. 579 of 2026 on merits

without issuing notice to the Respondent. He therefore submits that the order

has caused severe prejudice to the Applicants. He submits that the order

dated 24th August 2026 is illegal and contrary to law and established

procedure.



4.    Mr. Mahadeo A Choudhari, learned Advocate for the Applicants, refers

to the two-page order dated 24 th August 206 passed by the Additional

Sessions Judge, Pandharpur (“Sessions Court”) in Criminal Bail Application


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No. 579 of 2026 and more particularly, the following observations, which

read as follows:


       “…….Therefore, the application is not entitled to be allowed.
       Hence, it is not necessary even to issue notice and call the say of
       learned A.P.P. Hence, the following order is passed :-
                                        ORDER
                        The bail application is dismissed.”


5.    Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State, in

all fairness, submits that the reasons given by the Sessions Court for

dismissing the Application without issuing notice to the learned A.P.P. and

without calling for the Respondent - Investigating Officer's say cannot be

justified. She submits that it would be appropriate for the Sessions Court to

consider the Application under Section 482 of BNNS, 2023, filed by the

Applicant at the first instance. She therefore submits that the order dated 24 th

August 2026 passed by the Sessions Court be set aside, Criminal Bail

Application No. 579 of 2026 be restored and the Sessions Court be directed

to consider the matter on the merits.


6.    Mr. M. Choudhari, learned Advocate for the Applicants, is agreeable to

the suggestion made by Dr. A. A. Takalkar, learned A.P.P. for the Respondent

Nos. 1 & 3-State. However, he submits that the Applicants apprehend

imminent arrest in Crime No. 0525 of 2026. Therefore, a request for


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protection is made till the consideration of the Criminal Bail Application No.

579 of 2026.


7.    In view of the above and the peculiar facts and circumstances of the

present case, the order dated 24 th August 2026 passed in Criminal Bail

Application No. 579 of 2026 is set aside, being untenable in law. Accordingly,

Criminal Bail Application No. 579 of 2026 is restored on the file of the

Sessions Court, with a direction to the Sessions Court to consider and dispose

of Criminal Bail Application No. 579 of 2026 after hearing the parties to the

said Application on merits within two weeks from 7th September 2026.


8.    Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State,

on instructions from the Investigating Officer, states that without awaiting

any notice, the Respondent Nos. 1 & 3-State shall file their say/reply in

Criminal Bail Application No. 579 of 2026, before the Sessions Court on 7th

September 2026.


9.    Dr. A. A. Takalkar, learned A.P.P. for the Respondent Nos. 1 & 3-State,

on instructions from the Investigating Officer, submits that no precipitative

action would be taken against the Applicants till the disposal of the Criminal

Bail Application No. 579 of 2026. She submits that this statement is made

only because the order is set aside and the matter remanded to the Sessions

Court for consideration on merits.



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                    10.       In view of the fair statement made by Dr. A. A. Takalkar, learned A.P.P.

                    for the Respondent Nos.1 & 3-State, on the instructions from the

                    Investigating Officer, this Application is disposed of.


                    11.       Criminal Bail Application No. 579 of 2026 is restored on the file of the

                    Sessions Court with a direction to dispose of the same in accordance with law

                    and on its own merits within a period of two (2) weeks from 7 th September

                    2026 after hearing the Applicant and Respondents .


                    12.       All the contentions of the Applicants as well as the Respondent Nos. 1

                    & 3-State are left open.


                    13.       The Applicant and the Respondents shall appear before the Sessions

                    Court on 7th September 2026 at 10.00 a.m.


                    14.       Anticipatory Bail Application No. 496 of 2026 is disposed of in the

                    aforesaid terms.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.03
           21:36:35
           +0530




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