Bombay High Court

RAVI ALIAS RAVINDRA SHIVAJI KUCHEKARversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

The court disposed of the anticipatory bail application, effectively denying pre‑arrest bail.

Summary

The applicant, Ravi alias Ravindra Shivaji Kuchekar, filed an anticipatory bail application fearing arrest in a case involving alleged offences under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant argued that the matter was essentially a civil dispute and that he had already been granted ad‑interim bail in a related criminal bail application, having cooperated with the investigating officer. The State’s counsel, on behalf of the investigating officer, confirmed the applicant’s cooperation and stated that the tractor involved was in possession of another accused who was also on ad‑interim bail, and that custodial interrogation of the applicant was unnecessary. Relying on these statements, the court found no need to entertain the anticipatory bail request and disposed of the application. Consequently, the applicant was not granted pre‑arrest bail.

Issues considered

Whether the applicant is entitled to anticipatory (pre‑arrest) bail under the Bharatiya Nyaya Sanhita, 2023
Whether the applicant's cooperation with the investigation and the existence of an ad‑interim bail for a co‑accused negate the necessity for anticipatory bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)

Subjects

anticipatory bail
pre‑arrest bail
Bharatiya Nyaya Sanhita
civil dispute
co‑operation with investigation

Judgment

                                                                           907 - ABA - 557 - 2026.docx


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIRCUIT BENCH AT KOLHAPUR
                                       CRIMINAL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.23
                            CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 557 OF 2026
17:15:47 +0530




                      Ravi Alias Ravindra Shivaji Kuchekar          … Applicant
                                   V/s.
                      The State of Maharashtra & Anr.               … Respondents

                      Mr. Ritesh M. Thobde with Mervin Bardeskar for the
                      Applicant.
                      Ms. S. N. Deshmukh, APP for the State.
                      S. A. Ombuse, Head Constable, Phaltan Rural Police
                      Station, Satara is present.



                                                    CORAM      : ASHWIN D. BHOBE, J.

                                                    DATED      : SEPTEMBER 23, 2026
                      P.C.:


                      1.      Heard Mr. Ritesh M. Thobde, learned Advocate for the Applicant,

                      and Ms. S. N. Deshmukh, learned APP for the State.


                      2.      By this Application, the Applicant is seeking pre-arrest bail,

                      apprehending arrest in Crime No. 682 of 2025 registered at Phaltan

                      Rural Police Station for offences punishable under Sections 316(2),

                      318(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023.


                      3.      Mr. Ritesh M. Thobde, learned Advocate for the Applicant,

                      submits that the allegations in the crime would at the most indicate a

                      civil dispute between the Informant and Accused No. 5 (Pralhad




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                                                      907 - ABA - 557 - 2026.docx


Lavand). He submits that during the pendency of Criminal Bail

Application No. 203 of 2025, the Applicant was protected by way of ad-

interim bail. He submits that pursuant to the grant of ad-interim bail,

the Applicant has appeared before the Investigating Officer and

cooperated with the investigation in Crime No. 682 of 2025.


4.    Ms. S. N. Deshmukh, learned APP for the State, on instructions

from the Investigating Officer, submits that the Applicant has appeared

before the Investigating Officer and has cooperated with the

investigation in Crime No. 682 of 2025.


5.    Ms. S. N. Deshmukh, learned APP, submits that the investigation

has revealed that the tractor which is the subject matter of the crime is

in possession of Accused No. 5. She further states that Accused No. 5

has been secured by way of ad-interim bail.


6.    Ms. S. N. Deshmukh, learned APP, on instructions from the

Investigating Officer, submits that the Applicant, having appeared and

cooperated with the investigation, the custodial interrogation of the

Applicant in Crime No. 682 of 2025 is not required.


7.    Based on the statement made by Ms. S. N. Deshmukh, learned

APP for the State, that the custodial interrogation of the Applicant is not

required in Crime No. 682 of 2025, Mr. Ritesh M. Thobde, learned

Advocate for the Applicant, states that this Application be disposed of.




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                                                  907 - ABA - 557 - 2026.docx


8.    In view of the statements made hereinabove, Anticipatory Bail

Application No. 557 of 2026 is disposed of.




                                          (ASHWIN D. BHOBE, J.)




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