Bombay High Court
AJAY AVDHUT GIRI AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- Withdrawn
- Bench
- MEHROZ K PATHAN
Holding
The Court allowed the anticipatory bail application, imposing stringent conditions to ensure the applicants do not interfere with the investigation.
Summary
The nine applicants sought anticipatory bail after an FIR was lodged alleging that they threatened a complainant and aided the main accused, Sant Harigir Dattagir Giri, in sexual relations under false pretences of marriage. The FIR charged offences under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The State argued that the applicants were actively involved in threatening the victim and could tamper with evidence, while the applicants contended they were falsely implicated, had no criminal antecedents (except one), and were not flight risks. The Court examined the investigation, noting that the primary allegations were against the main accused who was already in custody, and the applicants' role appeared limited. Relying on Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail with stringent conditions, including regular police reporting and non‑entry into certain premises, and ordered a bond of Rs. 50,000 each.
Issues considered
- Whether anticipatory bail should be granted to the applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations of threatening the complainant.
- Whether the applicants pose a risk of tampering with evidence or influencing witnesses.
- Whether imposing conditions such as regular police reporting and restriction from certain locations is sufficient to safeguard the investigation.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 183, 351(2), 69
- Indian Penal Code, 1860 — s. 498-A
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 69
- Section 351(2)
- Section 482
- threats
- sexual assault
- marriage promise
- bail conditions
- flight risk
Judgment
2026:BHC-AUG:19391
932 ABA NO. 639 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 639 OF 2026
1. Ajay Avdhut Giri
2. Bhagwan Dwarkoba Puri
3. Anjanabai Bhagwan Puri
4. Ashwini Waman Giri
5. Pradeep Bhagwan Puri
6. Akshay Avdhoot Giri
7. Shalini Sadashiv Puri
8. Sadashiv Shridhar Puri
9. Avadhut Namdev Giri
VERSUS
The State Of Maharashtra And Another
…
• Mr. R. B. Hake, Advocate for Applicants
• Mr. R. K. Ingole, APP for Respondent No. 1 - State
• Mr. G. D. Kale, Advocate for Respondent No. 2 - Victim
…
CORAM : MEHROZ K. PATHAN, J.
DATED : 28.04.2026
PER COURT :
1. Heard learned counsel for the applicants, learned APP for
respondent No. 1 – State, and learned counsel for respondent No. 2 –
Victim.
2. The applicants have approached this Court apprehending
arrest in connection with FIR No. 157 of 2026 dated 21.03.2026,
registered with Bhagya Nagar Police Station, District Nanded, for the
offences punishable under Sections 69 and 351(2) of the Bharatiya
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932 ABA NO. 639 OF 2026
Nyaya Sanhita, 2023.
3. The case of the prosecution is that respondent No. 2 lodged the
report on 21.03.2026, on the basis of which FIR No. 157 of 2026
came to be registered at Bhagya Nagar Police Station, Nanded. It is
alleged that on 12.05.2025, the informant visited Mahant Balgir
Maharaj Math at Gadi Pura, where she came in contact with the main
accused, Sant Harigir Dattagir Maharaj, and subsequently accepted
his discipleship in June 2025, regularly visiting the Math. On
12.07.2025, they exchanged mobile numbers and remained in
constant contact. On 16.07.2025, the accused allegedly visited her
house when she was alone and forcibly established physical relations
with her against her will, thereafter assuring her that he would
renounce celibacy and marry her, and on such promise, continued to
have physical relations with her on multiple occasions, including
visits during Navratri and otherwise. It is alleged that the accused,
along with his relatives, including the present applicants, assured her
of marriage, held meetings in that regard, and later avoided her. The
informant further alleges that she was called at different places,
including a hotel and public locations, where she was offered money
to settle the matter and was threatened with defamation and harm to
her family members. It is further alleged that though the accused
once executed a writing assuring marriage, he subsequently refused
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932 ABA NO. 639 OF 2026
and avoided her, and she later came to know about his relations with
other women. The present applicants are alleged to have supported
the main accused by participating in assurances, facilitating meetings,
attempting compromise, and extending threats, and on these
allegations, the present crime has been registered.
4. Learned counsel for the applicants submits that the applicants
are falsely implicated in the present crime. The entire allegations in
the FIR are primarily against Sant Harigir Dattagir Giri, and the
applicants are in no manner concerned with the alleged acts even if
the contents of the FIR are taken at face value. The applicants are
only attributed with allegations of having threatened the complainant
to withdraw the complaint. The applicants do not have any criminal
antecedents, except applicant No. 4 – Ashwini Waman Giri, against
whom complaints are registered under Section 498-A of the Indian
Penal Code at the instance of the wife of her brother. It is further
submitted that the main accused, Sant Harigir Dattagir Giri, is
already arrested and is in custody. The applicants have deep roots in
society and are not flight risks. The applicants are ready to abide by
any conditions imposed by this Court. It is further submitted that the
applicants had approached the learned Sessions Court; however, the
said application came to be rejected on the ground that their
apprehension of arrest was not real. It is also submitted that the
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932 ABA NO. 639 OF 2026
Investigating Officer did not seek custodial interrogation of the
applicants and the request for the same was not pressed.
5. Learned counsel for the applicants further submits that the
perusal of the say filed by the prosecution before the learned Sessions
Court would indicate that the allegations against the applicants are
limited to making phone calls to the complainant and allegedly
threatening her to withdraw the complaint. In view thereof, the
applicants apprehend their arrest and have approached this Court.
The applicants are ready to abide by any conditions imposed by this
Court, and therefore, they deserve protection.
6. Per contra, learned APP as well as learned counsel for
respondent No. 2 – Victim strongly oppose the application. It is
submitted that the applicants have threatened the victim to
compromise the matter both prior to and after the registration of the
crime. The investigation is at a crucial stage. The applicants are close
associates of the main accused, Sant Harigir Dattagir Giri, against
whom there are serious allegations. The applicants are specifically
named in the FIR and are alleged to have actively threatened the
complainant. It is further submitted that the call detail records
(CDRs) indicate that some of the applicants were in continuous
contact with the complainant, thereby corroborating the allegations
of threats. It is contended that if released on bail, the applicants may
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932 ABA NO. 639 OF 2026
again threaten the complainant and prejudice the prosecution case.
Hence, custodial interrogation is necessary, considering the
seriousness of the offence, and the application deserves to be
rejected.
7. I have carefully gone through the investigation papers made
available by the learned APP. Upon perusal of the same, it appears
that the substantial part of the investigation is complete. The material
on record indicates that the primary allegations are against the main
accused, Sant Harigir Dattagir Giri, against whom there are serious
accusations of establishing physical relations on the false pretext of
marriage. The said accused is already arrested and is in custody. The
call detail records of the complainant’s mobile phone have already
been collected. The statement of the complainant under Section 183
of the Bharatiya Nyaya Sanhita has also been recorded. There are no
criminal antecedents reported against the applicants except applicant
No. 4. The role attributed to the present applicants appears to be
limited in nature. In my view, the apprehensions expressed by the
learned APP and the learned counsel for respondent No. 2 can be
adequately addressed by imposing stringent conditions. Hence, I am
inclined to grant protection to the applicants in exercise of powers
under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Hence, the following order :-
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932 ABA NO. 639 OF 2026
ORDER
i. The Anticipatory Bail Application is allowed.
ii. In the event of arrest of the applicants, namely (1) Ajay
Avdhut Giri, (2) Bhagwan Dwarkoba Puri, (3) Anjanabai
Bhagwan Puri, (4) Ashwini Waman Giri, (5) Pradeep
Bhagwan Puri, (6) Akshay Avdhoot Giri, (7) Shalini
Sadashiv Puri, (8) Sadashiv Shridhar Puri, and (9) Avadhut
Namdev Giri, they shall be released on bail on furnishing
P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand) each
with one or two solvent sureties in the like amount each,
in connection with FIR No. 157 of 2026 registered
with Bhagya Nagar Police Station, District Nanded, for
the offences punishable under Sections 69 and 351(2)
of the Bharatiya Nyaya Sanhita, 2023, on the following
conditions :-
A) The applicants shall attend the concerned police
station and report to the Investigating Officer as and
when called and, in any case, every Saturday between
12:00 noon and 02:00 p.m. till recording of the
evidence of the complainant before the learned Trial
Court.
B) The applicants shall not enter Mahant Balgir Maharaj
Math, Gadi Pura, Nanded, and shall also not enter the
jurisdiction of Bhagya Nagar Police Station till the
recording of the evidence of the complainant, except
for the purpose of attending the police station as
directed hereinabove.
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932 ABA NO. 639 OF 2026
C) The Applicants shall also cooperate with the
investigation.
D) The Applicants shall not pressurize the prosecution
witnesses and shall not tamper with the prosecution
evidence, in any manner.
E) The applicants shall furnish copies of his Aadhaar
Card and PAN Card to the Investigating Officer along
with the addresses and mobile numbers of two nearest
relatives.
8. Needless to say, violation of any of the aforesaid conditions
may entitle the prosecution to seek cancellation of the anticipatory
bail granted hereinabove.
9. The observations made herein are prima facie and shall not
influence the Trial Court while deciding the case on its own merits.
10. In view of the above, the Anticipatory Bail Application stands
disposed of.
( MEHROZ K. PATHAN, J. )
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