Bombay High Court

NAYAN CHANDRAMOHAN PARDESHIversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: Disposed Off

Holding

The Court allowed the anticipatory bail application, subject to specified conditions.

Summary

The applicant, Nayan Chandramohan Pardeshi, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with Crime No. 0280 of 2026, which alleged offences under Sections 132, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that he accompanied another accused, Prasad Pradip Konde Deshmukh, in a hospital where the informant claimed his papers were taken and he was threatened, but the record did not show any overt act of obstruction by the applicant. The State argued that the applicant was a co‑accused who had threatened the informant, while the applicant contended that he was merely present and had previously been treated as a witness. The Court examined the FIR, noted that the principal accused had already been granted bail and that there was no material indicating the applicant’s participation in the alleged obstruction, and held that custodial interrogation was unnecessary. Accordingly, the Court granted anticipatory bail subject to a personal bond of Rs 50,000, reporting requirements, and prohibitions against tampering with evidence or influencing witnesses.

Issues considered

Whether anticipatory bail should be granted to the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations in the FIR.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
Bharatiya Nyaya Sanhita, 2023 — s. 132, 3(5), 351(2), 351(3)

Subjects

anticipatory bail
Section 482
bail conditions
obstruction of public servant
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

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

CRIMINAL APPELLATE JURISDICTION

CR. ANTICIPATORY BAIL APPLN. NO. 497 OF 2026

Nayan Chandramohan Pardeshi …...Applicant
VERSUS.
The State Of Maharashtra And Another …...Respondents

-----

Mr. A. R. Chikate (Through VC) a/w Mr. Gaurav Kunjir and Mr. Sanket V.
Patil, for Applicant.
Dr. Ashvini A. Takalkar, APP for Respondent Nos.1 and 2 - State.
API, Vikramsinh Mote, Phaltan City Police Station, present.
Digitally
signed by
SHANTANU
-------
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.23
10:33:19
+0530

CORAM : ASHWIN D. BHOBE, J.
DATE : 22nd SEPTEMBER, 2026.
P.C.

1. Heard Mr. A. R. Chikate, learned Advocate for the Applicant and

Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2 – State.

2. By this Application under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short, “BNSS”), the Applicant seeks pre-arrest

bail, apprehending arrest in connection with Crime No. 0280 of 2026

registered with Phaltan City Police Station, District Satara, for offences

punishable under Sections 132, 351(2), 351(3) and 3(5) of the Bharatiya

Nyaya Sanhita, 2023 (for short, “BNS”).

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3. Mr. Akash Chikate, learned Advocate for the Applicant, submits

that there are two (2) accused in Crime No.0280 of 2026.

4. The prosecution case is that Dr. Rajendra J. Rupnawar

(Informant) lodged a complaint alleging that while he was on duty at the

hospital, five persons entered the hospital's O.P.D. and took away the

papers. It is further alleged that the accused in Crime No.0280 of 2026

obstructed the Informant in the discharge of his official duties.

5. Mr. Akash Chikate, learned Advocate for the Applicant, by

referring to the F.I.R., submits that the allegations against the Applicant are

that the Applicant was one of the persons accompanying Accused No.1

(Prasad Pradip Konde Deshmukh) while dealing with the Informant. He

submits that apart from the said allegations, there are no allegations of any

overt act against the Applicant. He submits that the Applicant was earlier

referred to as a witness, however, subsequently, he has been made an

accused in Crime No. 0280 of 2026. He therefore submits that the

Applicant apprehends arrest in the said crime. He submits that the Accused

No.1 (Prasad Pradip Konde Deshmukh) is granted bail.

6. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 and 2

– State, submits that the Applicant has been joined as an accused in Crime

No.0280 of 2026. She submits that the F.I.R. indicates that the Applicant

was accompanying Accused No.1 (Prasad Pradip Konde Deshmukh) while

talking and dealing with the Informant. She submits that the Applicant was

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present throughout along with Accused No.1 and the co-accused who had

threatened the Informant.

7. Perused the record.

8. The F.I.R. alleges that the Applicant was accompanying Accused

No.1 (Prasad Pradip Konde Deshmukh) and the other accused in Crime

No.0280 of 2026 in the hospital. The F.I.R. further alleges that the

Applicant acted arrogantly. However, the record placed in the file of this

application prima facie does not indicate that the Applicant obstructed the

Informant in discharging his official duties.

9. Considering the nature of the allegations against the Applicant,

and given that Accused No.1 (Prasad Pradip Konde Deshmukh), has been

granted bail, custodial interrogation of the Applicant is not required in

Crime No.0280 of 2026.

10. In view of the above, this Application is allowed on the following

terms:

ORDER

A) In the event of arrest of the Applicant – Nayan

Chandramohan Pardeshi, in Crime No. 0280 of 2026

registered with Phaltan City Police Station, District Satara,

for offences punishable under Sections 132, 351(2), 351(3)

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and 3(5) of the BNS, the Applicant shall be released on bail

on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees

Fifty Thousand Only) with one or two sureties in the like

amount to the satisfaction of the Investigating Officer,

Phaltan City Police Station, District Satara.

B) The Applicant shall appear and report before the

Investigating Officer at Phaltan City Police Station, District

Satara on 28th, 29th and 30th September 2026 from 10:00

a.m. to 1:00 p.m. and thereafter as and when required by

the Investigating Officer, Phaltan City Police Station, District

Satara. The Applicant shall cooperate with the investigation

of Crime No.0280 of 2026.

C) The Applicant shall on 28 th September 2026, provide the

Investigating Officer with his residential address, along with

proof thereof, his contact number and shall inform the

Investigating Officer of any change in the said information

from time to time.

D) The Applicant 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 person from

disclosing the facts to the Court or to any police officer.

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E) The Applicant shall not tamper with the evidence, in any

manner.

11. The observations made in this order are prima facie relevant

to deciding the Bail Application and will not affect the trial.

12. Criminal Anticipatory Bail Application No.497 of 2026 is

disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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